New legal protections for parents and carers

8 June 2023

On 24 May 2023, three private member’s bills introducing substantial new employment rights for parents and carers received the Royal Assent and will now pass into law.

Neonatal care leave and statutory neonatal pay

The Neonatal Care (Leave and Pay) Act 2023 introduces the right to up to 12 weeks’ paid leave for eligible employed parents whose babies are admitted to neonatal care for at least 7 days.

These rights will be in addition to existing parental rights such as maternity and paternity leave and pay.

Secondary legislation will be required to implement this law. The Government estimates that the time required to draft and scrutinize the required regulations, as well as updating HMRC’s IT systems and publishing guidance for employers, employees and payroll providers, will be approximately 18 months. Therefore, the new rights are currently planned to commence in the 2025/26 tax year, starting on 6 April 2025.

Extension of redundancy protection to pregnancy and return to work

Currently, women on maternity leave are entitled to be offered a suitable alternative role when their job is identified as at risk of redundancy. This is a statutory right which is distinct from, and effectively takes priority over, the employer’s general obligation to consider suitable alternative roles for any employee whose job is at risk.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 now increases the protected period to include pregnancy and a further period after the mother has returned to work. The period after returning to work will also be protected for parents who have taken adoption leave or shared parental leave.

Secondary legislation is required to implement these new rights. The Government has stated that regulations will be delivered ‘in due course’.

Carer’s leave

The Carer’s Leave Act 2023 introduces an entitlement to unpaid leave for the purposes of caring, or arranging care, for a dependent with a long-term care need. The entitlement is one week per year.

Again, the regulations required to implement this law will be delivered ‘in due course’.

How we can help

For more details regarding this or any other UK employment legislation, please contact the team at Synchrony Law.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.