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other articles included in this issue of the magazine. Specifically, employees who have a dependant with a long-term caring need (e.g. a spouse, child, parent) can apply for unpaid carer’s leave for up to one continuous week in any 12-month period. This is a day one right and can be used as a minimum in half-day increments. The rules state that eligible caring employees must give notice of intention to take the leave (verbally or in writing) and if the request is for half a day or a day, the notice period must be at least three days. If the request is for more than one day, the notice period must be at least twice as long as the requested leave. Employers must be aware of an employee’s right to take such leave. Although companies may be aware of time off for family and dependants, which is for more emergency situations, these provisions intend to benefit those with a longer-term caring obligation, who may need time off in advance in certain situations. An employer may postpone a request for leave if the operations of the business will likely be disrupted, however employers should ensure they meet the deadlines associated with this and seek legal advice where possible.
These regulations provide practical guidance on the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, which came into force on 24 July 2023. The Act protects individuals during pregnancy or while on family leave (including maternity and paternity leave) from facing a redundancy situation for a ‘protected period’. Currently, employers must ensure employees on maternity leave, adoption leave or shared parental leave are considered for alternative roles to redundancy and must be offered suitable alternative roles. The ‘protected period’ as referenced vaguely in the Act has now been confirmed as: l for maternity leave, 18 months from the expected week of childbirth (or from the date of the birth if this occurs earlier) l for adoption leave, 18 months from placement for adoption. l for parental leave, 18 months from the date of the birth if the parent in question has taken six continuous weeks or more of shared parental leave and hasn’t benefitted from the above protection(s). These regulations will also come into force on 6 April 2024. Looking to the future Although the above are examples of legislation due to come into force imminently, we believe that this is just the beginning of significant additional legislative changes in 2024. We’re currently awaiting the introduction of an ‘Employment Bill’, which has the possibility of reforming employment law on an even wider scale. Always keep up to date to ensure compliance within your payroll department. n
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The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024
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| Professional in Payroll, Pensions and Reward |
Issue 98 | March 2024
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