From 6 April 2024, where the expected week of childbirth or expected date of placement for adoption falls on or after this date, paternity leave will be able to be taken in two blocks of one week, rather than having to take two weeks leave consecutively.
In addition, the leave can be taken at any point during the first year after birth, rather than within the first eight weeks after adoption or birth.
The length of notice to take the leave is also being reduced, from 15 weeks to 28 days. For adoption cases, however, the length of notice remains as within 7 days of the adopter receiving notice of having been matched with a child. This is because the adoption process is far less predictable than birth.
Once initial notice to take leave has been given, the updated regulations will allow the dates to be varied by the employee giving 28 days’ notice. This will enable a partner or father to change dates to best suit the needs of their family.
Carer’s Leave
On 6 April 2024, the Carer’s Leave Regulations came into force. They provide that an employee who has a dependent with a long-term care need can take one week’s unpaid leave to provide or arrange care in each 12-month rolling period. A person is a defendant if they are a spouse, civil partner, child or parent of the employee or if live in the same household (otherwise than being a boarder, employee, lodger or tenant).
A long-term care need is an illness or injury that requires, or is likely to require, care for more than three months; a disability under the Equality Act 2010 or care required in relation to old age.
The leave can be taken in individual days or half days, up to a block of one week. The notice required to take the leave is three days or twice as many days as the period of leave requested, whichever is greater.
Notice does not need to be in writing and an employer cannot require evidence ahead of granting the leave.
CONTACT:
If you require legal advice on the content of these articles, please contact Faye Shortall on 01689 887 896 or email faye.shortall@cwj.co.uk
