The Maternity Leave, Adoption Leave, and Shared Parental Leave (Amendment) Regulations 2024 update
The Maternity Leave, Adoption Leave, and Shared Parental Leave (Amendment) Regulations 2024, officially presented to Parliament (11th December 2023), signify an extension of the special protection against redundancy for employees undergoing maternity leave, adoption leave, or shared parental leave. This enactment operationalises the Protection from Redundancy (Pregnancy and Family Leave) Act 2023.
The Carer’s Leave Act 2023 (Commencement) Regulations 2023 (legislation.gov.uk)
Under regulation 10 of the Maternity and Parental Leave Regulations 1999, individuals on maternity leave, adoption leave, or shared parental leave currently have the first right of refusal for any suitable alternative employment in the event of redundancies.
The Act broadens this protection as follows:
For maternity – the protected period spans the duration of pregnancy, extending to 18 months from the commencement of the estimated week of childbirth. This period may be adjusted to cover 18 months from the precise date of birth, provided the employee notifies the employer of this date before the termination of maternity leave.
For adoption – the protected period encompasses 18 months from the date of placement for adoption.
For shared parental leave – the protected period spans 18 months from the birth, contingent upon the parent having taken a minimum of 6 consecutive weeks of shared parental leave.
The extension of the protected period concerning pregnancy is triggered when the employer is informed of the pregnancy on or after April 6, 2024.
This extension of the protected period beyond the leave period applies to any maternity and adoption leave concluding on or after April 6, 2024. Similarly, it applies to any shared parental leave commencing on or after April 6, 2024.
It is crucial to note that the Regulations are currently in draft form and may undergo modifications.
Local Authority Policies will need to be amended to reflect these changes, including Managing Staff Reductions and Redundancy Policies along with Work and Families Policies.
