How does the Act change the law?
Under the current law, statutory paternity leave lasts up to two weeks and the employee must (1) have been continuously employed for 26 weeks by the qualifying date (which is around the 26th week of pregnancy in birth or surrogacy cases, and the week when they are matched with a child in adoption cases), (2) be taking the leave to care for the child or support their partner and (3) not have already taken shared parental leave. This leaves a gap for partners who have not worked for their employer for 26 weeks.
The new Act will:
- Remove the minimum service requirement for bereaved partners in cases where the mother of a newborn child has died or bereaved parents of adopted children or children born through surrogacy. This ensures that paternity leave will become a day one right.
- Allow bereaved partners to take paternity leave even if they have already taken shared parental leave.
- Ensure that where a mother and a child die, bereaved partners can take leave even though that leave cannot be taken to care for the child or support the mother.
- Introduce regulations which allow a bereaved father to take ‘keeping-in-touch days’ at work without bringing their period of leave to an end.
What are the practical implications for employers?
The new paternity leave rights under the Act will come into force once further regulations have been made by the new government. These regulations will include guidelines on:
- How and when employees must make a request for paternity leave following a bereavement;
- Guidance around the length of paternity leave and the rate of pay during this period; and
- The duties and responsibilities of employers in supporting employees taking paternity leave under these circumstances, including measures to prevent discrimination.
So, what should employers do now?
The Act will come into effect when further regulations have been introduced. In the meantime, employers should consider the key changes that need to be made to HR policies, contracts and handbooks, particularly as the bill amends the Employment Rights Act 1996. These changes should also be clearly communicated to employees at the relevant point. If you need any support with this, or would like any further information, please get in touch with a member of the MDR ONE team.
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