WFM UK: Royal Assent Given on Three New HR & Payroll Legislation Bills – Fourth & HotSchedules Customer Success Portal

Overview

On 24th May 2023, five new legislation bills, of which three impact HR & Payroll, were given Royal Assent and became new legislation acts:

Whilst this new legislation has been given royal assent and has become law, when it will be formally introduced is yet to be announced. This article provides information and an understanding of what could be expected in the future.

Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Pregnant women and new parents will receive greater protections from redundancy under new legislation backed by the government. Under current rules, before offering redundancy to an employee on maternity leave, shared parental leave or adoption leave, employers have an obligation to offer them a suitable alternative vacancy where one exists. The Pregnancy and Maternity Discrimination Bill will enable this redundancy protection to be extended so it applies to pregnant women as well as new parents returning to work from a relevant form of leave. This will help shield new parents and expectant mothers from workplace discrimination, offering them greater job security at an important time in their lives.

Carer's Leave Act 2023

The carers leave act will introduce one-week unpaid leave per year for employees with informal/unpaid carers responsibilities. Currently, these employees have to use other forms of leave to accommodate their care responsibilities such as parental leave, annual leave and sick leave. Whilst there are rights for employees to take unpaid immediate time off in the case of emergencies, knowing of their caring responsibilities may not fall under emergency leave, making it hard to manage for both employees and employers. Carer's Leave can be used for caring for a spouse, civil partner, child, parent, someone living in the same household or a person who reasonably relies on the employee for care, where that care has a long-term requirement (set out by the Equality Act 2010), or old age-related care.

Based on the consultation and bill passage publications, the following is understood about the Carer's Leave Act 2023:

Only available to employees
Available from day one of employment
Carer's Leave can be taken flexibly either in blocks, individual days or even half days to best accommodate each employee's requirement to provide care
Notice of intent to take Carer's Leave will be required by employers for planned caring responsibility. The existing right to time off in emergency situations will remain in place
- Length of Notice required is currently awaiting confirmation
Employees will be expected to self-certify and evidence is not required by Employers. The employee does not need to provide details of who the care is for, why the care is needed, or how long the care is required for
Carer's Leave will have the same protection as other types of leave, meaning it cannot be a cause for dismissal or any form of detriment to the employee

Neonatal Care (Leave and Pay) Act 2023

A baby who is born prematurely or sick will receive neonatal care in hospital or another agreed care setting – often for a prolonged period of time. This can put parents in a difficult position of having to use their existing leave entitlements to be by their baby’s side, or worse, having to return to work while their baby is still receiving hospital care. This act allows parents of a child receiving (or having received) neonatal care to take additional leave and receive pay, if eligible.

Based on the current draft of the written legislation, the following is understood about the Neonatal Care (Leave and Pay) Act 2023:

Neonatal Leave:

Available from day one of employment
Available to all employees
Applies to all parents whereby the child has spent at least one week (7 days) in neonatal care, within the first 28 days from the day after the birth date
The minimum duration of leave that can be taken is one week (7 days)
- The maximum duration of leave that can be taken is to be confirmed
Leave must be taken within 68 weeks of the child's birth date

Neonatal Pay:

To be paid whilst leave is being taken
To be paid at the same rate as other parental pay, depending on the tax year
Available to employees who meet the same criteria as other parental pay:
- 26 weeks of continuous service
- Earnings on or above the LEL limit
- Currently no requirement to give notice, as the need for neonatal care may be sudden
Number of paid weeks available is to be confirmed
Ability to reclaim paid neonatal pay at 92% (or 103% for small employers) is expected

Overview

Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Carer's Leave Act 2023

Neonatal Care (Leave and Pay) Act 2023

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