Is the Government looking at changing the current law on Paternity Leave and Pay?

17 August 2023

The Answer  

Back in July 2019 as part of Good Work Plan, the Government instigated a consultation process to look at reforming parental leave and pay to achieve greater equality in parenting at work. The consultation has now ended with the Government looking to implement changes on parental leave and pay that will allow fathers or partners to split their leave into 2 blocks of 1 week rather than the current arrangements of only 1 block of 1 or 2 weeks to be taken and to take this leave and pay within 12 months from the birth of child rather than the current period of within 8 weeks of the birth of the child.  The notice when a parent or partner intends to take leave, to change to 15 weeks prior to the expected week of childbirth (EWC) and then 4 weeks’ notice of dates prior to each period of leave.

The Risk/Threat

An employer can face a discrimination claim where an employee alleges has suffered a detriment in requesting paternity leave. Where no paternity pay is paid by the employer, the employee can complain to the HMRC statutory payment dispute team.

What You Need To Do

The Government has not indicated any timeframe to implement their proposals, as legislation will need to be presented to Parliament for approval and further amendments may then arise to the proposal hence although employers do not need to take any immediate action but must be mindful that they will require policies on paternity leave and pay to be updated in the future.

If you require any further assistance, please do not hesitate to Quest at 01455 852 028 and find out what we can do for you.

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