Paternity leave is becoming more flexible

In what continues to be a “new year, new employment rights” theme, the government has published another set of regulations that will impact employers.

The Paternity Leave (Amendment) Regulations 2024 amends the rights for paternity leave for employees expecting babies born (or placed for adoption) on or after 6 April 2024.

The current position is that an eligible partner or father can have one or two consecutive weeks of paid paternity leave, which has to be taken during the first 56 days following the birth. If the employee takes only one week, they lose the right to the second week. To be eligible for paternity leave, you must be an employee, have given notice by the 15^th week before the baby is born (“the qualifying week”), and have been continuously employed for at least 26 weeks by the qualifying week.

The new regulations offer greater flexibility and for fathers and partners to take this leave to support new families.

Eligibility requirements are not changing (except for notice).

New position from 6 April 2024:

1. Allow fathers and partners to take their leave as two one-week, non-consecutive blocks or two consecutive weeks.
2. Leave can be taken at any point in the first year after birth/placement for adoption.
3. In most cases, notice to the employer has been shortened; employees need only give 28 days’ notice of their intention to take their paternity leave.
4. In the case of a domestic adoption, the notice period for leave will remain within seven days of the adopter having received notice of being matched with a child, as the domestic adoption process is inherently less predictable than birth, and children may be placed at short notice following being matched with their adoptive parents.
5. If notice has been given to take leave, a father or partner can give notice to vary these dates as long as they give 28 days’ notice of the variation.

These changes coincide with many other changes to family orientated rights, so employers need to make sure that their policies and procedures are up to date in time for April 2024. A review of policies should be under way in advance of the raft of changes that are on their way.

It is a welcome sight to see that fathers and partners will have greater flexibility over the use of their leave to support their new families, as well as other protections that will bolster time for raising a family.

These changes are unlikely to have an undue or negative impact on employers as, in essence, they allows greater flexibility for their workforce.

If any employer wishes to discuss these changes and how they might impact their workforce, please contact our employment team, who will be happy to discuss this with you.

David Leach is an Associate at Sharpe Pritchard LLP.

This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any issue raised in this article, please contact us by telephone or email enquiries@sharpepritchard.co.uk