The new Paternity Leave (Amendment) Regulations 2024 came into force on 8 March 2024. What do they mean for expecting parents and those adopting?
The regulations only apply in respect of children:
whose expected week of birth begins after 6 April 2024; or
children who are expected to be placed for adoption with the adopter on or after 6 April 2024.
Under the new regulations, the employee taking paternity leave (i.e. the partner of the birth mother or primary adopter) will be able to choose to take either a single period of leave of either one week or two weeks, or two non-consecutive periods of leave of a week each.
In cases where a child is born, the employee can choose to take this leave any time in the 52 weeks after birth, rather than having to take the leave in the previously prescribed 56 days following birth. Regulation 12 makes similar provision in respect of paternity leave for adoption, in that the leave can be taken any time in the 52 weeks after the child is placed with the adopter.
The employee will now only need 28 days’ notice of intention to take paternity leave for birth, reduced from the previous position that required 15 weeks’ notice.
Similar provision is made in relation to paternity leave for adoption under regulation 13. Notice must be given no more than seven days after the date on which the adopter is notified of having been matched with the child or, if it is not reasonably practicable to do so, as soon as is reasonably practicable. An employee who has previously given notice in relation to adoption may vary the date or cancel the period of leave chosen by giving 28 days’ notice.
The regulations also make provision for cases where the child dies, is returned after being placed for adoption, or if the employee is notified that the child will no longer be placed with the person with whom the child was to be placed for adoption. If the employee has complied with the notice and evidential requirements for leave, the employee will remain entitled to any period of leave which has been specified in a notice given before the day on which the relevant event occurs.
The changes broadly give much more discretion to those looking to utilise paternity leave in how they choose to exercise these rights and is likely to be of assistance where, as an example, a child shortly after birth is hospitalised, meaning that a prospective parent may wish to retain a period of leave until the child is discharged to allow for them to be available to assist during a period of settling the child within the household.
Generally, it is likely this flexibility will broadly be considered a positive development for employees who will now have greater discretion in how they arrange with the arrival of a new child.
