What is changing?
Day one rights to parental, paternity and bereavement leave, and the right to request flexible working.
Bereavement leave for employees (relationships with the deceased are yet to be defined), and it will also include pregnancy loss that occurs before 24 weeks of pregnancy.
In addition, there are strengthened protections for pregnant employees and those on or returning from statutory family leave. Furthermore, expecting fathers can take paternity leave both before and after shared parental leave.
It will still be possible for employers to refuse flexible working requests, but the refusal must be “reasonable” and satisfy one of the prescribed grounds. There will also additional procedures for the employer to follow.
When is this changing?
Most provisions are expected to take effect in 2027.
How can I prepare?
- Update Policies and Procedures
- Align leave and flexible working policies with the new day-one entitlements and extended protections.
- Training
- Train HR teams and managers so they are able to handle sensitive leave requests and understand the employer’s obligations relating to flexible working requests.
- Audit redundancy procedures
- To ensure compliance with priority offer obligations
- Engage Legal and HR teams
- Stay informed on developments relating to the ERA