Draft Paternity Leave (Amendment) Regulations 2024
(Limited Text - Ministerial Extracts only)
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The Lord Commissioner of His Majesty's Treasury (Mike Wood)
I beg to move,
That the Committee has considered the draft Paternity Leave (Amendment) Regulations 2024.
The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)
It is a pleasure to serve with you in the Chair, Mr Hosie. The draft regulations were laid on 10 January 2024. I am pleased to be here today to debate these measures, which will benefit families by working alongside the paternity pay regulations to provide valuable additional flexibility to paternity leave, effectively making it easier and more useful for parents while putting minimal burdens on businesses.
Currently, eligible employed fathers and partners are entitled to one or two consecutive weeks of statutory paternity leave and pay to care for their baby or to support the mother. This must be taken within eight weeks of birth or placement for adoption. The regulations recognise the importance of fathers and partners spending valuable time with their children in the first year following birth or adoption and will make it easier for parents to take their full paternity entitlement.
Some 64% of respondents to the 2019 consultation, “Good Work Plan: Proposals to support families”, wanted greater flexibility in when and how paternity leave could be taken. Allowing fathers and partners to take their leave up to a year following birth or adoption was the most commonly suggested measure to accomplish that. Our changes will provide that much-needed flexibility and will fulfil our 2019 manifesto commitment to make paternity leave easier to take.
Our first change will allow fathers and partners to take their leave in non-consecutive blocks. Currently, only one block of leave can be taken, which can be either one or two weeks. Our change will remove that barrier by enabling parents to take two non-consecutive weeks of leave. We hope that providing fathers and partners with the flexibility to take their two weeks of leave non-consecutively means that they will find it easier to use their full entitlement.
For some parents, taking two weeks of leave in one go is challenging due to pressures of work or other reasons. Enabling parents to take their leave non-consecutively means that they can take it at a time that works best for them and could lead to an increase in parents taking their second week of paternity leave.
Our second change will allow fathers and partners to take their leave and pay at any point in the first year after the birth or placement for adoption of their child. This represents a big increase from the eight weeks in which parents currently have to take their leave following birth or adoption. This change gives parents more flexibility to take their paternity leave at a time that works best for their family.
For example, this change could enable a father or partner to take time off work to be the primary care giver when the mother returns to work. This is important, as evidence shows that fathers who spend time solo parenting are more likely to play a greater role in caring for their children in later years.
Our third change will shorten the notice period required for each period of leave. The new regulations will require an employee to give only four weeks’ notice prior to each period of leave, instead of 14 weeks before the expected week of childbirth. This means that a parent can decide when to take their leave at shorter notice to accommodate the changing needs of their families. This will apply to parents in birth and surrogacy scenarios, as the notification rules are different for adopters. It will also allow fathers and partners to change the number and dates of blocks of leave they plan to take. Responses to the “Good Work Plan” consultation show that both employer and employee groups considered that to be a fair and practical option.
The Government have in place a range of leave and pay entitlements to support parents to balance their work and family responsibilities in a way that works best for them. For families who would prefer a father or partner to take a longer period of leave, shared parental leave may be available. This entitlement allows eligible parents to share up to 50 weeks’ leave and up to 37 weeks of pay between them. Parents can choose whether to take time off together or to stagger their leave and pay.
The Government are also introducing new entitlements to enhance the current provision for working parents, including additional protections against redundancy, which will be available from 6 April for pregnant women and parents who are returning to work after a period of eligible parental leave. There are also improvements in flexible working. From 6 April, employees will be able to request flexible working from their first day of employment, and the new entitlement of carer’s leave will give unpaid carers one week of leave from work from their first day in a job. That can be used to provide care or to make arrangements for the provision of care for a dependant with a long-term care need.
We are also introducing new leave and pay entitlements for parents with children who spend time in neonatal care. That will give each eligible employed parent up to 12 weeks of additional paid leave on top of their existing entitlements if their baby is admitted to neonatal care in its first month of life. That will ensure that parents no longer find themselves in the incredibly difficult position of having to choose between risking their job and spending time with their baby during such a stressful time. I commend the regulations to the Committee.
Kevin Hollinrake
Before I respond to hon. Members, may I apologise for the late change in Committee attendance? The hon. Member for Bethnal Green and Bow made an interesting point and I welcome her challenge. She mentioned pregnancy and maternity discrimination. As I said in my speech, we have recently legislated for that, to provide more protections in pregnancy and on return to work. On the take-up of shared parental leave, those are very much a floor and not a ceiling, and many employers go much further in both the private and the public sector. Take-up of shared parental leave is in line with expectations and, indeed, has doubled in recent years.
There are obvious reasons for not going further. We tread carefully when placing extra burdens on business and we are clear about that. A strong labour market is in workers’ as well as employers’ interests, so it is about striking a balance. In addition to these regulations and others, we have brought in measures that create extra burdens for businesses, such as flexible working, day-one rights, carer’s leave and neonatal care. Those are on top of other burdens that businesses face, such as cost of living pressures and the rise in the national living wage, which has increased by historic amounts. We believe that we have struck the right balance.
The Opposition may differ and set out, as they have, to go much further if they are ever in government. I am interested in their intention to have a day-one right to unfair dismissal. Employers should look carefully at that as it might upset the delicate balance between workers and employers, to the detriment of workers. We have to guard against that.
On delays, we would have liked to introduce the regulations more quickly, but it is fair to say that we have been dealing with covid and its aftermath. That is not just about the administration of some of the measures but the impacts on business, and we have to tread carefully in that regard.
The SNP spokesman, the hon. Member for Gordon, made some interesting points, and asked why we cannot go much further on parental leave, citing Norway and Sweden. Looking at work by the Institute for Fiscal Studies, the average tax take in Norway and Sweden is 43% of GDP. In comparison, it was 32% of GDP in the UK in 2021. The hon. Member may want to go 13% higher with our taxing of businesses and people; we do not and that is very clear. It is clearly the direction of travel in Scotland under the SNP. Under our Government, however, we want to keep taxes low. Where there are those kinds of measures, they have to be paid for by somebody, and inevitably that is the taxpayer. We therefore think we should tread carefully.
We support the regulations, which deliver on our manifesto commitment. We want the UK to be one of the best places to work and to start and grow a business. We want to build skills, increase productivity and move to a high-wage economy that delivers this ambition. We will continue to prioritise labour-market policies, such as these changes to paternity leave, which have the potential to benefit the most people, the most firms and the most jobs while at the same time ensuring we balance burdens on business and taxpayers. The changes to paternity leave brought forth today will advance our progress towards those objectives. I thank hon. Members for their contributions and I commend the regulations to the Committee.
Question put and agreed to.