There has been a wave of new and updated family-friendly legislation, reflecting a growing acknowledgment of the diverse needs of modern families and aiming to provide essential support to parents and caregivers alike.
You can find below a table which includes these changes (highlighted in bold) and any requirements to access. A raft of new or updated guidance has been published to help employers navigate the changes and we have included links below.
| Carer’s Leave | Maternity Leave | Adoption Leave | Paternity Leave | Shared Parental Leave (SPL) | Parental Leave | |
| Duration of Leave | One week per year. Can be taken in increments of half-days. | Up to 52 weeks in a continuous block. | Up to 52 weeks in a continuous block. | Up to two weeks. The leave is available to take within 52 weeks of the birth of the child (or the adoption date). Can be taken in two one-week blocks. | Up to 50 weeks to be shared between parents. Can be taken in whole weeks (option to take up to three blocks of leave or agree discontinuous patterns). | Up to 18 weeks. Must be taken in whole weeks. A maximum of four weeks can be taken each year for each child. |
| Statutory Pay | Unpaid. | Statutory Maternity Pay (SMP): first six weeks at 90% of average earnings. Flat rate (or 90% of average earnings if lower) for remaining 33 weeks. Maternity allowance (MA): 39 weeks at flat rate. | Statutory Adoption Pay (SAP): first six weeks at 90% of average earnings. Flat rate (or 90% of average earnings if lower) for remaining 33 weeks. | Flat rate (or 90% of average earnings if lower). | Up to 37 weeks at the flat rate (or 90% of average earnings if lower). | Unpaid. |
| Qualifying Period | Day one. | Leave: Day one. MA: Day one. SMP: 26 weeks of continuous service at the qualifying date. | Leave: Day one. SAP: 26 weeks of continuous service at the qualifying date. | 26 weeks of continuous service at the qualifying date. | 26 weeks of continuous service at the relevant qualifying date. | One year of continuous service. |
| Employment Protections | All existing rights and obligations continue, except in relation to pay. | Protection from redundancy from date of notifying employer of pregnancy and for 18 months from the first day of the estimated week of childbirth. Protection against detriment, dismissal or discrimination due to taking maternity leave. | Protection from redundancy for 18 months from either the date the adoption placement starts or the date the child enters England, Scotland or Wales, if it is an overseas adoption. | Protection against detriment or dismissal due to taking paternity leave. | Protection from redundancy for 18 months, starting from the birth of the child or the placement for adoption, for employees who take a continuous block of at least six weeks of SPL. If an employee takes less than six consecutive weeks of SPL, they will only have redundancy protection during their actual leave period. | Protection against detriment or discrimination due to taking parental leave. |
| Guidance | Acas: Carer’s leave Government: Unpaid carer’s leave | EHRC: Maternity, paternity, adoption or shared parental leave and pay | No new guidance. | |||
Carer’s leave eligibility
The eligibility requirements for carer’s leave have been designed to provide inclusive support for employees. These requirements specify that for an employee to qualify for this leave, they must have a dependant with a long-term care need. A “dependant” is specifically defined as the employee’s spouse, civil partner, child or parent. To be eligible, the dependant must share the same household as the employee (not merely as a lodger), or must reasonably depend on the employee to provide or arrange care. The definition of “long-term care need” has been clarified to include any dependant who suffers from an illness or injury, whether physical or mental, that requires care for a period exceeding three months. Additionally, it encompasses any dependant who has a disability as defined by the Equality Act 2010, or any dependant who requires care due to the effects of old age.
Changes to flexible working
Changes to the flexible working regime in April mean that employees now have the right to request flexible working from day one of employment – a significant shift from the previous 26-week service requirement. They can make two requests per year without needing to justify any impact on their employer. Employees will receive a response to their request within two months and will engage in mandatory consultations with their employer in the event of a refusal. You will find the updated guidance here, the revised Code of Practice here and our recent blog also has more details.
Parental bereavement leave
Employees eligible for parental bereavement leave are entitled to take up to two weeks off work if a child under their care, who is under the age of 18, passes away. This right is available from day one of employment and also applies to adoptive parents and individuals involved in a surrogacy arrangement. Employees with a minimum of 26 weeks of continuous service are entitled to receive payment during this leave at the statutory parental bereavement pay rate.
Paternity Leave (Bereavement) Bill
We have also published a blog discussing the recent amendments to the Paternity Leave (Bereavement) Bill, which provides immediate support to fathers or partners who lose the child’s mother during or shortly after childbirth. The Bill now extends support to include adoption, surrogacy and paternity leave. For more details, you can find the blog here.
Should you have any questions regarding family-friendly legislation, please feel free to reach out to your usual Dentons contact.
