Recent changes to family employment rights

By Alex Jones, Managing Director of 365 Employment Law.

There are a number of changes affecting maternity and paternity employment rights which are due to come into force on 6th April 2025.

Basic rights from day one

The Employment Rights Bill introduces basic employment rights from the first day on a new job, including parental and bereavement leave, paternity leave and protection against unfair dismissal.

Increased protection against redundancy

Employees taking certain types of parental leave, including maternity leave, now have protection from redundancy for at least 18 months. This protection starts when the employer is notified of the pregnancy and continues until 18 months after the child’s birth.

Flexible working requests

The right to make a flexible working request is already a ‘day one’ right for employees. There are however two key changes in the new Bill:

• An employer can only refuse a flexible working request if it is reasonable for them to do so.

• An employer must state the ground for refusal and explain why it is reasonable to refuse the request on those grounds. They must also respond to these requests within two months.

Carer’s leave

Employees are entitled to take one week of unpaid leave per year if they have caring responsibilities for a spouse, civil partner, child, parent, or dependent. This leave can now be taken from the first day of employment with no qualifying period.

Health and safety

Employers are required to assess the potential risks to pregnant employees and their babies. If any risks are found, employers must take reasonable steps to remove them. If risks cannot be eliminated, the employer should offer suitable alternative work or suspend the employee on full pay.

Neonatal care leave and pay in the UK

Parents of babies in neonatal care will be entitled to 12 weeks of paid leave, on top of any existing leave they may be entitled to, such as maternity or paternity leave from day one of their employment. To be eligible parents must have a baby admitted to neonatal care within 28 days of birth who has a continuous stay in hospital of seven days or more. Statutory Neonatal Care Pay will be available to those who meet continuity of service and minimum earnings requirements.

To qualify an employee must be employed for a minimum of 26 weeks prior to the leave being requested and be earning an average of at least £123 a week. This mirrors the entitlement to maternity pay. The leave must also be taken in the first 68 weeks of the baby’s birth. Parents taking neonatal care leave will have the same employment protections as those associated with other forms of family-related leave which will include protection from dismissal or detriment as a result of having taken or applied for the leave. When neonatal care leave comes into force, employers should introduce a policy reflecting the new statutory rights, to make their staff aware of them.

Parental leave

The Bill introduces a significant change to statutory parental leave, which currently requires employees to have completed one year of continuous service. The new legislation makes parental leave a day one right, allowing employees immediate access to up to 18 weeks’ unpaid leave per child up to the child’s 18th birthday.

Paternity leave and bereavement

The Paternity Leave (Bereavement) Act 2024 will eliminate the requirement for fathers and partners to have worked for at least 26 weeks before being eligible to take paternity leave where the mother, or an individual with whom a child is placed or expected to be placed for adoption, has died in the first year after birth or adoption. The government has not said when they expect this new right to take effect, and again further regulations will be needed.

Maternity and statutory family leave protection

The Bill looks to strengthen protections for pregnant employees and those on or returning from maternity and statutory family leave. Under existing legislation, pregnant employees and those on maternity leave (and other statutory family leave) have a degree of protection from dismissal on the grounds of redundancy. This protection does not amount to a bar on dismissing employees who are pregnant, or on family leave; instead, they have a priority right to a suitable alternative vacancy, where one exists.

The government plans to expand this protection, although this will be done through secondary legislation. The Next Steps paper that accompanied the Bill indicates the government proposes to make it unlawful to dismiss pregnant employees or those returning from maternity or other statutory family leave within six months of their return, except in specific limited circumstances.

For further advice, either as an employer or employee contact us at 365 Employment Law.

365 Employment Law Solicitors

Tel: 01903 863284

ajones@365employmentlaw.co.uk

www.365employmentlaw.co.uk