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New paternity leave entitlement for families in England, Scotland & Wales

January 19, 2024 By Bater Law

Currently, fathers are only awarded one continuous block of paternity leave of one or two weeks. The leave must be taken within the first 8 weeks of the birth and notice of the intended leave must be given 15 weeks before the expected week of childbirth. The leave cannot be taken as individual days or as two separate one-week blocks.

During the Governments 2019 Parental Leave and Pay consultation it was found that respondents to the consultation agreed that Paternity Leave and Pay needed to be more flexible so that fathers can take it in a way that suited them. According to the Government Good Work Plan: Proposals to Support Families, the changes are intended to make it easier for fathers to “make use of their entitlement whilst also balancing work commitments or financial constraints which may currently prevent them from taking two weeks of leave in one block”.

What’s changed?

Following the consultation, the government have announced new family-friendly regulations due to come into effect on 8 March 2024.

For expecting parents where the expected week of childbirth falls on or after 6 April 2024, the new Paternity Leave Amendment Regulations 2024 will allow paternity leave to be split into two blocks of one week at any point in the first year of the child’s life / adoption.

The new regulations will also shorten the length of notice required from 15 weeks from the expected week of childbirth to 28 days prior to each block of paternity leave.

Whilst some respondents to the 2019 consultation expressed concerns for low-income families not being to access Paternity Leave without an accompanying increase in Statutory Paternity Pay, these new provisions allow greater flexibility for expecting parents to decide when and how to take leave and is a welcome change being announced alongside several other new family friendly legislation due to take effect this year.

For more information, please contact us on [email protected]

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Bater Law

Ceri Bater is a qualified solicitor, with over 15 years experience in litigation matters.


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