The Paternity Leave (Amendment) Regulations 2024 and the Statutory Paternity Pay (Amendment) Regulations 2024 came into force on 8 March 2024. Despite the March enforcement date, the changes will practically apply to babies expected to be born, placed for adoption, or entering Great Britain for adoption on or after 6 April 2024.
Understanding Statutory Paternity Leave
Statutory paternity leave is an entitlement that provides eligible employees with up to two weeks of paid time off work to care for the new child or to support their partner (provided they meet the respective eligibility criteria).
Current Paternity Leave Entitlement
The current entitlement is to take the leave either as one single week only or as two consecutive weeks’ leave but cannot be taken as two separate one week periods of leave, nor as individual days. The leave must also be taken within 56 days following the date of birth (or date of placement / entry to the UK for adoptions).
Changes to Paternity Leave Entitlement
The changes coming into effect are as follows:
- Fathers and partners will now have the option to take the two weeks leave as either two separate one week periods of leave (non-consecutive) or as one continuous period.
- Leave can be taken at any point in the 52 weeks after the birth/adoption of their child
- In the case of birth, the notice period of intention to take paternity leave will be lowered to 28 days before the date (each) period of leave is intended to be taken.
- (In the case of adoption, the notice period will remain at 7 days of the employee having received notice of being matched with a child.)
The law around statutory paternity pay has also been amended accordingly to allow eligible employees to receive their Statutory Paternity Payment (SPP) accordingly in respect of the leave taken.
We’re here to help
We continue to monitor developments in employment law and will continue to update our website and social media platforms as we see developments. We will also be discussing these changes in our upcoming Virtual Employment Law Seminar. You can register for this free event here, and we aim to cover all the developments expected for 2024 and beyond.