A series of new laws have received royal assent in the UK, heralding significant change to employment landscape. The Carer’s Leave Act, Neonatal Care (Leave and Pay) Act, and Protection from Redundancy (Pregnancy and Family Leave) Act are set to become effective in 2024. Employers across England, Scotland, and Wales should start preparing for these legislative changes, as they will bring notable modifications to employment laws.
The Carer’s Leave Act
The Carer’s Leave Act will introduce a flexible entitlement of one week’s unpaid leave per year for employees who have a dependent with a long-term care need. This entitlement is available from the first day of employment without the need for extensive evidence, except self-certification. The leave can be utilised for various types of care, including accompanying someone to medical appointments or assisting with financial matters. While there are no restrictions on how the leave is used, the usual qualifying criteria for ‘dependants’ will apply.
The Neonatal Care (Leave and Pay) Act
The Neonatal Care (Leave and Pay) Act will grant parents of newborns admitted to the hospital at 28 days or less the right to Neonatal Leave and Pay if their baby remains hospitalised continuously for seven days or longer. The maximum leave available is 12 weeks, which can be taken as a single block at the end of maternity or paternity leave. The government is yet to clarify how this new entitlement will interact with shared parental leave. Neonatal pay will be subject to 26 weeks’ service and earning above the lower earnings limit (currently £123 per week). Notice will need to be given, with short informal notice accepted in cases where leave is taken soon after the hospital admission. A week’s notice is expected if leave is initiated when the baby has not recently been admitted.
The Protection from Redundancy (Pregnancy and Family Leave) Act
The Protection from Redundancy (Pregnancy and Family Leave) Act expands the existing protections offered to employees on maternity leave during redundancy situations. Presently, employers are required to offer suitable alternative vacancies to those on maternity leave if such positions exist. This protection will now extend to employees on adoption or shared parental leave when the new law comes into effect. Furthermore, the safeguard will apply from the moment the employee informs the employer of her pregnancy, whether verbally or in writing, and will remain in effect for 18 months after childbirth.
What this means for employers
Under the new laws, eligible employees will have the right to raise claims with the employment tribunal if their employer fails to provide them with the rights outlined. Additionally, if an employee faces any disadvantage or dismissal for taking leave granted by the new laws, they are entitled to file claims.
Thus, it is important for businesses to prepare for the upcoming changes in regulations for various laws, which are expected to come into effect next year. Regulations for each of these laws will be published before they come into effect. To ensure compliance, employers should take the time to comprehend the substantial changes and establish processes to comply with the new laws. It’s also crucial to communicate this information to employees, making them aware of their forthcoming rights.
