Employment Law Update- New legislation upcoming for Parents and Unpaid Carers

Three Bills have received Royal Assent on 24th May 2023. These Bills will become the Neonatal Care (Leave and Pay) Act 2023, Carer’s Leave Act 2023 and Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and will provide new employment protections and rights for Parents and Unpaid Carers.

In a press release, the Department for Business and Trade indicated that the new laws ‘will help to increase workforce participation, protect vulnerable workers, and level the playing field’.

The Neonatal Care (Leave and Pay) Act

What is it?

This Act introduces entitlement of up to 12 weeks paid leave, in addition to other leave entitlements such as maternity and paternity leave for eligible employed parents who have children in neonatal care. The leave will be available for parents of babies who are 28 days old or less and who have a continuous stay in hospital of at least 7 days.

What is the likely timeframe for this to come into place?

The new neonatal and pay entitlements are expected to be implemented in April 2025.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023

What is it?

Under current legislation employers are obliged to offer employees on Adoption leave, Shared Parental Leave or Maternity Leave an available alternative post (where one exists) as a priority over any other individual who is provisionally selected for redundancy.

The new Act will extend this redundancy protection to expectant employees from the moment they inform their employer of their pregnancy until 18 months after birth and for parents whilst on Adoption Leave or Shared Parental leave and for a period of time after the parent has returned to work from such leave.

What is the likely timeframe for introduction?

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 is likely to come into force in 2024.

The Carer’s Leave Act 2023

What is it?

The Act will provide an entitlement for employees to take up to one week’s unpaid leave per year for employees who are providing or arranging care. It will be a day one right so carers will not be restricted if they have only just commenced employment with their employer and leave can be taken as half or whole days.

What is the likely timeframe for this to come into place?

The date for implementation is yet to announced for the Carers Leave Act 2023 however it is not expected to be before April 2024.
As more information is shared about expected timeframes for these Acts Tamar HR will share updates and will work with our clients to ensure policies and documentation is up to date in readiness.

If you would like to discuss this in further detail please don’t hesitate to contact us on 01579 343700.

Lauren Keith, Director. 26 May 2023.