Three new protections for parents and carers

Parents and carers will now have additional protections as three Government-back Private Members’ Bills received Royal Assent on 24th May 2023.

What are the 3 new protections for parents and carers?

Parents and carers will now benefit from the following new protections:

• Neonatal Care (Leave and Pay) Act 2023: This will allow eligible, employed parents whose new-born baby is admitted into neonatal care to receive up to 12 weeks of paid leave. This leave can be taken in addition to other leave entitlements (including maternity or paternity leave). It will also be extended to all employees, irrespective of their length of service. The Act will come into force in April 2024.
• Protection from Redundancy (Pregnancy and Family Leave) Act 2023: This will extend the existing redundancy protections currently in place for employees on maternity, adoption or shared parental leave. The rights currently only last until the new parent has returned to work. The new legislation will also cover pregnancy and will extend the existing protection so it lasts for 18 months following the birth of the child. This additional legislation came into effect from 6 April 2024.
• Carer’s Leave Act 2023: This creates a new statutory entitlement to one week of flexible, unpaid leave per year for employees who are caring for a dependent with a long-term care need. This will be extended to all employees, irrespective of their length of service. It is important to note that the bill contains a limited definition of “dependent”. Specifically, the scope is limited to an employee’s spouse, civil partner, child, or parent who lives in the same household and reasonably relies upon the employee to provide or arrange care and that has a long-term care need. This Act came into effect on 6 April 2024.

What do these changes mean for employers?

These new pieces of legislation are positive steps forward for working parents and families. It is hoped that they will also help to reduce some of the disadvantages and unfair treatment that those in these situations often face in the workplace and will help reduce discrimination in these areas.

When it comes to workplace redundancies, employers should remain vigilant of their obligations towards those employees who are pregnant or on maternity, paternity, adoption or shared parental leave and ensure that the right processes are followed when considering the roles available within a business.

All employers are likely to be affected by these changes and we recommend that internal policies and procedures are updated in accordance with the updated legislation, and that staff members are trained appropriately so that these new rules are used in practice.

This is unlikely to be the last tranche of legislation in this area though. Looking to the future, the Miscarriage Paid Leave Bill is also currently in its early stages of the legislative process. Under this bill, if it becomes law, employees who suffer a loss before 24 weeks of pregnancy will be entitled to 3 days of statutory paid leave. There is also legislation in the pipelines surrounding the rights of surrogates, which to date has been rather overlooked. The UK Law Commission published their final report and draft legislation on surrogates rights on 29 March 2023. The Government provided an interim response on 8 November 2023 which stated that the Government is working to review the recommendations and a full response will be published in due course. It is now for the Government to review and consider the recommendations and we await the outcome of this consultation with interest.

If you need any advice or support in this area or generally, please contact a member of the Employment team.

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