Currently, individuals on maternity leave, adoption leave, or shared parental leave should be given first refusal of any suitable alternative employment available if they have been put at risk of redundancy. New laws will extend this protection. The key features are as follows:
- The protection extension will apply to pregnant workers where the employer is informed of the pregnancy on or after 6 April 2024
- The protected period after leave has been taken will apply to any maternity/adoption leave that ends on or after 6 April 2024
- The protection will apply to shared parental leave starting on or after 6 April 2024
- For maternity, the protected period covers pregnancy and for 18 months from the first day of the estimated week of childbirth
- For adoption, the 18 month protection will begin from the date of placement
- For shared parental leave, the 18 month protection is from the date of birth but only where the parent has taken a period of at least 6 consecutive weeks of shared parental leave
- For those who suffer a miscarriage and are not entitled to take maternity leave, the protection will cover them for a period of two weeks following the loss of the baby. The employee must have informed the employer of the pregnancy before the loss occurred
- Protection when under shared parental leave will not apply when the person is protected under maternity/adoption as noted above.
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If you need help navigating these changes in your workplace, our expert team can help. Contact us on 0844 324 5840 or get in touch with us here.
