The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 came into force on 6 April 2024. It extended the redundancy protection available to new parents.
Before this new Act, employees on maternity, shared parental or adoption leave had the right to be offered any suitable alternative jobs. This was before other employees were selected for redundancy. The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 have now extended this protection as follows:
Pregnancy and maternity leave
Employees on pregnancy and maternity leave will now be protected during pregnancy. This is from the point they tell their employer they are pregnant and during an additional protected period after they return to work from statutory maternity leave.
The protection period starts from the expected week of childbirth and lasts 18 months. If an employee takes their full 12-month maternity leave, they get an additional 6 months of protection after returning to work.
The new rules apply if the employer is notified of the pregnancy on or after 6 April 2024, and for any maternity leave that ends on or after that date.
The new rules will also offer protection to employees who have suffered a miscarriage for two weeks after the pregnancy ends.
Adoption leave
Employees will now be protected during adoption leave, as well as during an additional protected period when they return to work. This is calculated from the day the child is placed for adoption with the employee, for a period of eighteen months.
Shared parental leave
Employees will now be protected during shared parental leave together with an additional protected period when they return to work. This is calculated from the child’s date of birth or placement for adoption, for eighteen months.
The extra protection applies only if the employee takes at least six weeks of continuous shared parental leave, starting on or after 6 April 2024. This doesn’t apply if the employee is already protected under adoption or maternity rules.
Carer’s leave
The Carer’s Leave Regulations 2024 also came into force on 6 April 2024. It gives all employee carers the right to take five days of unpaid leave yearly for long-term caring duties. This right starts from the first day of employment. The leave can be taken as a single block or as separate half or full days. Employers can delay a request if it would significantly disrupt their business operations.
The rules also protect employees from detriment or dismissal if they take or seek to take carer’s leave. This protection extends to situations where the employer believes that the employee is likely to take carer’s leave.
If you need any legal advice about your rights in relation to redundancy protection, contact our employment solicitors who will be happy to assist.
