Statutory Leave Entitlements
Statutory Leave Entitlements
Employees should be aware of changes proposed for 2023 that effect statutory leave entitlements and pay.
There are three key impacts coming up that you should be aware of as an employer in relation to statutory leave:
changes to paternity leave
neonatal leave
carer’s leave
Paternity leave changes
Current legislation gives eligible employees the right to take Paternity Leave at the statutory rate of pay in a 1 or 2-week block during the first 8 weeks after a child is born or adopted.
Proposals to amend the current legislation to make it more flexible include the following measures:
allow fathers or partners to split their leave into 2 blocks of 1 week. Previously, only 1 block of 1 or 2 weeks could be taken
allow fathers or partners to take their leave and pay at any point in the first year after the birth or adoption of their child, instead of only within the first 8 weeks
adjust the way fathers or partners give notice of leave and pay to their employer. The new measure will require an employee to give notice that they intend to take leave 15 weeks prior to the expected week of childbirth (EWC), and then 4 weeks’ notice of dates prior to each period of leave
The reforms give fathers or partners and employers greater flexibility as the 2 weeks can be taken at any point in the first year after birth or adoption.
Neonatal leave and pay
Achieving Royal Assent in May, a new law is set to be introduced within approximately 18 months, granting parents of premature babies who need specialized care in a neonatal unit the right to 12 weeks of neonatal leave with pay. This legislation will be applicable to parents whose infants remain in the hospital for 7 days or more consecutively, before reaching 28 days of age. This additional leave and pay will be separate from the existing entitlement to maternity and paternity benefits.
The changes to legislation include:
up to 12 weeks of leave for employed parents where a child needs neonatal care, this is in addition to other parental leave entitlements
must be at least one week, where there is uninterrupted care, and taken within 68 weeks of the child’s birth
entitlement to pay aligned with the usual triggers set out for SMP, SPP, SAP etc
leave will be a day one right with limited evidence requirements; pay will require further information
Business Minister Jane Hunt said:
“Having a new-born in neonatal care is an incredibly worrying time for parents. No family should also have to agonise about their return to work, or whether they have enough leave in place.
By putting our full weight behind this Bill, I hope we can take one concern off the minds of new parents and give them the additional paid time off they need to care for their poorly baby.”
Source: Bills.Parliament.uk
Carer’s leave
in 2023, a new provision will be established, allowing employees to take one week of unpaid leave each year to care for a dependent from the very first day of their employment. This initiative, known as the Carer's Leave bill, was introduced by Wendy Chamberlain MP and received the Government's support during its second reading on October 21, 2022. Once officially passed, the bill will make amendments to the Employment Rights Act 1996, ensuring that individuals responsible for providing or arranging care for a dependent can avail this entitlement.
allows a week of unpaid leave per year
this can be taken in half or full day increments
is a day one right with no evidence requirements
regulations expected to be laid and to commence in 2024.
Source: Gov.uk
