• HR Insights: Recent and upcoming changes in family leave legislation

    Published: April 4 2025

    The past few years have seen significant developments in employment legislation, particularly concerning family and dependent leave. It may be advantageous to review the recent changes, upcoming amendments, and proposals outlined in Labour’s Employment Rights Bill to ensure you are fully informed.

    Past legislation updates

    Parental Bereavement Leave

    In 2020 Parental Bereavement Leave was introduced to provide employees paid time off should they lose a child under 18 or have a stillbirth after 24 weeks of pregnancy.  The entitlement was for two weeks which can be taken together or in separate blocks and must be used within 56 weeks of the date of the death or stillbirth.

    Paternity Leave

    In 2024 we saw paternity leave change so that the parent can take the leave in either a block of 2 weeks or two blocks of one week (non-consecutive). They reduced the notice period reduced to four weeks and lengthened the time it can be taken; this is now up to 52 weeks after the birthdate.

    Carer’s Leave

    In 2024 carers leave was introduced which is a day one right allowing those with dependents to take up to one week of unpaid leave every 12 weeks to arrange care or provide care for a dependent due to a disability, old age, physical or mental illness, or injury that means they are expected to require care for more than three months. This can be taken as whole weeks, singular days or half days. This is separate to parental leave.

    Redundancy protection for pregnancy and family leave

    The previous protection of employees on maternity leave, shared parental leave or adoption leave in redundancy situations giving them priority access to redeployment opportunities over other redundancy employees was extended in 2024 to include those who are pregnant and those who have recently returned from maternity leave, adoption leave, and shared parental leave.

    Incoming changes in April 2025

    Neonatal care leave

    In April 2025 a day one right to neonatal care leave and pay will be introduced. Parents of babies who are admitted into neonatal care up to 28 days old and who have a continuous stay in hospital of seven full days or longer will be entitled to take up to 12 weeks of leave. Should they be employed for at least 26 weeks of continuous service by the 15th week before the baby’s due date and their earnings are at or above the lower earnings limit (£125 per week from April 2025) they will also be eligible for Statutory Neonatal Care Pay (SNCP) pay. This entitlement is on top of any other leave they may be entitled to.  This leave must be taken within 68 weeks of the child’s birth and has been put in two tiers.

    Looking forward – Employment Rights Bill

    Parental leave

    The Employment Rights Bill is looking to make this a day one right. Due to this leave being unpaid take up of this is low and is not expected to have any major impacts.

    Paternity leave

    The Employment Rights Bill is looking to make this a day one right as well as looking to ensure that paternity can be taken both before or after shared parental leave.

    Bereavement leave

    The Bill is looking to introduce a new right for at least one week of unpaid bereavement leave however details of eligibility and process are not known.

    We also expect banning dismissals for employees who are pregnant or on/returning from family leave. This will give the government powers to introduce regulations to cover dismissals (other than redundancies which already exist) that take place during pregnancy, maternity, and other family leave or following a return to work. They are looking to set out:

    • Specific notices to be given to the employee
    • Evidence the employer will need to produce
    • Other procedures that will need to be followed

    2025 rate changes overview

    National Minimum Wage

    National Living Wage for workers aged 21 and over
    Old rate – £11.44
    April 2025 – £12.21
    % increase – 6.7%

    National Minimum Wage for workers aged 18 to 20
    Old rate – £8.60
    April 2025 – £10.00
    % increase – 16.3%

    National Minimum Wage for workers aged 16 to 17
    Old rate – £6.40
    April 2025 – £7.55
    % increase – 18%

    Apprentice rate
    Old rate – £6.40
    April 2025 – £7.55
    % increase – 18%

    Statutory rates for family leave, sick pay, and redundancy pay

    • Statutory sick pay has increased to £118.75 a week (currently £116.75)
    • Statutory maternity, paternity, adoption, neonatal care, shared parental and parental bereavement pay, has increased to £187.18 a week (currently £184.03)
    • The lower earnings limit (the minimum an employee needs to earn each week to qualify for these statutory payments) has increased from £123 to £125
    • The lower earnings limit for maternity allowance has remained at £30 a week
    • An increase to the cap on a week’s pay for calculating statutory redundancy payments is also expected from April 2025 but has not yet been announced

    National Insurance Contribution and Thresholds

    • Employers’ NICs has increased from 13.8% to 15% – an extra 1.2% on applicable earnings
    • The threshold at which employers start to pay NICs for their employees has dropped from £9,100 to £5,000

    Further support

    The Brachers Education team and Kent HR Consultants are on hand to provide guidance and practical HR assistance as and when you need us, in a way that suits your business. For more in-depth guidance or support, get in touch with our experienced team of HR professionals who can guide you and assist you.

    To keep up to date with employment law changes, sign up to receive regular business updates along with industry specific updates for the healthcare and education industries from our Employment Law Partners Brachers.

     

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