On 7 March 2024, the Paternity Leave (Amendment) Regulations 2024 were made and came into force on 8 March 2024. The regulations amend existing legislation on statutory paternity leave with effect from 6 April 2024. The regulations were published in draft and laid before Parliament in January 2024 (see FC Feature 11 January 2024). An Explanatory Memorandum has also been published.
The regulations are part of a package of legislative changes to statutory rights to paternity leave and pay outlined in the government's Response to its 2019 Good Work Plan consultation (see FC Feature 29 June 2023). The regulations come into force simultaneously with Statutory Paternity Pay (Amendment) Regulations 2024 which effect corresponding changes to the statutory right to paternity pay (see FC Feature 6 February 2024).
Eligible employees are currently entitled to take paternity leave in a single block of one or two weeks within the first eight weeks after a child's birth or adoption. The regulations introduce the following changes:
- employed fathers or partners will be allowed to split their leave and take it in two non-consecutive one-week blocks;
- employed fathers or partners may take their leave at any time in the first year after the birth or adoption of their child, rather than within the first eight weeks after birth or adoption; and
- the notice required for each period of leave is shortened in most cases. Fathers-to-be will be required to give 15 weeks' notice of entitlement to their employers and the notice period for leave dates will be cut from 15 weeks to 28 days.
The changes will take effect in relation to children whose expected week of childbirth is after 6 April 2024 and children whose expected date of placement for adoption or entry into Great Britain for adoption is on or after 6 April 2024.
For further information on paternity leave and pay, see Paternity rights & pay, Q&A.
First published on the Employment News Service on 8 March 2024.
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