Workplace Rights for Families - Update on Key Legislative Changes
A number of Private Members' Bills have been introduced over recent months, in an effort to bolster family-related workplace rights. Three of these Bills have now received royal assent.
Neonatal Care (Leave and Pay) Act 2023
This Bill was put forward in July 2022. Families will have a statutory entitlement to leave from work, and in some cases up to 12 weeks' pay at the statutory rate, if their baby needs neonatal care starting within 28 days of their birth.
The neonatal care must continue in an uninterrupted block of at least seven days. Parents will have a day one right to time off from work in these circumstances. Some of the detail of how the leave will work is yet to be confirmed. For example, the Act provides that regulations must specify the extent of an employee's entitlement to take leave, and when the leave can be taken.
The right to pay kicks in where the person taking the leave has at least 26 weeks' service at the 'relevant week'. In most cases the 'relevant week' will be the 14th week before the expected week of the baby's birth. The earnings of the person taking the leave must also have been in excess of the lower earnings limit for the eight weeks ending with the relevant week.
The Act requires the Secretary of State to pass regulations in order to bring the leave and pay entitlements into force. The Government has indicated that the entitlements are expected to be delivered in April 2025.
Carer's Leave Act 2023
In October 2022, the Government confirmed its support for the Carer's Leave Bill. It introduces a new, flexible entitlement to one week's unpaid leave per year for employees who are providing or arranging care on an unpaid basis. This will be a day-one right, and the leave will be available to take flexibly to suit the individual's responsibilities. Staff taking the leave will be afforded the same protection as those who take other types of leave and will therefore be protected from dismissal or detriment as a result of having taken time off.
The key provisions of the Carer's Act will come into force under regulations which will be set out in due course.
Protection from Redundancy (Pregnancy and Family Leave) Act 2023
This Bill was introduced in order to extend protection from redundancy during a protected period of pregnancy and until six months after the end of maternity, adoption or shared parental leave.
The legislation will come into force at the end of the period of two months beginning with the day of which the Act was passed. Again, it requires the Secretary of State to make regulations in order to confirm the detail of the protection.
