New Rights for Parents and Carers

Three private members’ bills received Royal Assent on 24 May 2023, introducing key changes in parental leave and carer rights. Once implemented, they will:

• Provide paid neonatal care leave
• Extend redundancy protection for pregnancy and family leave
• Establish statutory carer’s leave

Employers should monitor the development of implementing regulations, expected no earlier than April 2024, and prepare to update policies accordingly.

Neonatal Care (Leave and Pay) Act

The Neonatal Care (Leave and Pay) Act offers a day one right to leave for employees whose newborn spends at least seven continuous days in neonatal care. Key features include:

• Minimum entitlement of one week, with government plans for up to 12 weeks, based on one week per full week of neonatal care. (Government announcement and 2019 consultation.)
• Leave may be taken during care or within a minimum of 68 weeks after birth to preserve other statutory leave entitlements.
• Statutory neonatal care pay payable to employees with ≥26 weeks’ service at the lower earnings limit, reclaimable via NI contributions. (Consultation response.)
• Protections mirror other family-related leave: prohibition of detriment or dismissal and right to return.

Expected implementation: April 2025.

Read more about neonatal care leave in our article on enhanced rights for parents and carers.

Protection from Redundancy (Pregnancy and Family Leave) Act

The Protection from Redundancy (Pregnancy and Family Leave) Act extends priority for suitable alternative vacancies to:

• Pregnant employees from notification until leave ends.
• Employees after miscarriage (pre-notification).
• Those recently returned from maternity, adoption or shared parental leave.

Scope and duration of protection will be set by regulations, with proposals suggesting an 18-month window from birth, providing six months of additional protection post-leave. Employers should review redundancy processes to identify all priority employees and consider remote-working vacancies.

For further insights into redundancy protections for new parents, see our related article.

Carer’s Leave Act

The Carer’s Leave Act establishes a day one right to at least one week’s unpaid leave per year for caring responsibilities. Definitions and features include:

• Dependant: spouse, civil partner, child, parent, household member or anyone reasonably relying on the employee.
• Long-term care need: requiring care for >3 months, disability under the Equality Act, or age-related needs; exceptions for terminal illness. (2021 consultation response.)
• Flexible leave: individual days, half days, or up to a week; notice twice the leave length plus one day.
• Prohibition on evidence requests; employers may postpone leave to avoid undue disruption. (Government press release.)
• Protection from detriment or dismissal and right to return.

Regulations expected: April 2024 at the earliest.

Discover more about carer’s leave in our comprehensive guide.