A number of changes to employment law were made earlier this year – including changes to paternity leave. These were introduced by the government to reflect the shift in attitudes to work-life balance and gender equality. 

As well as changes to flexible working (which we have already mentioned), there are also new rules around carer’s rights and protections for pregnant employees.

The changes to paternity leave were announced last summer when the Sunak-led government published its response to a consultation on parental leave. But what are the changes and what do employers and employees need to know? 

Changes to paternity leave

Both employers and employees need to understand what changes have been made under the Paternity Leave (Amendment) Regulations 2024. These came into force on 6 April 2024 but many employers may still be unaware of what they mean. A survey by Acas found that 70 per cent of employers were not aware of changes to the law including flexible working. If you are an employer, it is important that you know what the changes mean to you.

There are four key changes for those taking paternity leave. These are:

• Rather than taking the two-week entitlement in consecutive weeks, employees are now able to separate their leave into different weekly blocks.
• Employees can take paternity leave at any time during the first 52 weeks after the birth or adoption of their child.
• The 15-week notice period before the expected week of childbirth or adoption has changed. Employees only need to give notice 28 days before the expected week of childbirth or adoption. 
• As long as an employer is given at least 28 days’ notice, any dates specified for leave can be changed. This is rather than a change in the start date to reflect other changes.

What employers need to know

As is the case with any employment law, employers must be aware of what the changes mean. Employers need to know that statutory paternity pay has risen from April 2024 to £184.03. Whether this amount changes under the new government remains to be seen. That said, many employers increasingly offer full pay during leave, so Whitehall may decide they do not need to intervene with legislation.

The purpose of paternity leave remains the same as previously. It must only be for the employee to care for their new child or to support their partner. It can’t be used for holiday leave without the child, for example.

Employees cannot postpone statutory paternity leave or request it is taken at a different time. Employees can take statutory paternity leave at the dates of their choosing, even if the dates are not convenient for the employer. 

If the employee has already taken shared parental leave, statutory paternity leave is not available to them. And, as before, statutory paternity leave must still be taken in whole weeks.

Will there be further changes?

At the moment, dads must have worked for six months before they qualify for statutory paternity leave. But the Labour Party has indicated that they could scrap this so that there is no qualifying period. That means employees would be entitled to paternity leave from the first day of employment. 

We will keep you updated of any changes to paternity leave, but we have outlined any potential changes to employment law under the new government here.

What do I need to do?

If you’re an employer and haven’t yet got to grips with these changes, then you can contact our experienced team of HR experts. We will be able to help and guide you through paternity leave and any other employment-related aspects of your business.