Posted Date: 10th November 2022
Two new employment rights have recently become closer to becoming law. There is no confirmed date as to when the below will come into effect, but we know that they will definitely be happening.
- Carer’s Leave
Carer’s Leave will be a new day-one right, which will allow employees who have caring responsibilities to take up to five working days of unpaid leave per year to care for someone.
This leave can be taken either as half days, full days or a block of one week.
The employee won’t qualify if they are paid for the care and the person who needs care must have a long-term care need. For example, health issues relating to old age or a long-term illness.
This right only applies to those with ‘employee’ status, so workers and self-employed individuals will not be included.
The relationship between the carer and the individual needs to meet the definition of dependent, i.e.:
A dependant of an employee is defined in the legislation as one of the following:
- husband or wife or partner
- child
- parent
- someone else who is regarded as part of the family and lives with an employee (but not tenants, boarders, lodgers or employees)
- anyone else who is reliant on an employee in emergency situations
Carer’s Leave differs from the existing right to Time off for Dependents, which can only be used in an emergency situation and doesn’t give a specified amount of days, only ‘reasonable time off’.
Managers should be aware of employees who already have caring responsibilities, who may request unpaid Carer’s Leave, which should be accommodated. The legislation is likely to give limited scope for refusing requests. Time off for Carer’s Leave shouldn’t be used towards absence triggers.
2. The Protection from Redundancy (Pregnancy and Family Leave) Bill
A new law to provide pregnant employees and new parents extended protection against redundancy will also soon come into effect.
Currently, employers must offer an employee who is on maternity leave, shared parental leave or adoption leave a suitable vacancy (if one exists) before they offer redundancy.
However, the law will be extended so that pregnant women and new parents returning to work from this form of leave will also have this protection to help provide parents and extended mothers more job security during such an important time in their lives and to help protect them from discrimination.
The period of protection will extend from when a woman informs her employer of her pregnancy, until 18 months after the birth. This means that a woman who has returned from a 12 month maternity leave, receives an additional 6 months of redundancy protection, which also applies to employees on Adoption Leave and Shared Parental Leave.
For any further assistance or information on new employment rights contact our HR Advisors who are here to help.