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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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9 provisions
Title and introductory text
2024 No. 264
TERMS AND CONDITIONS OF EMPLOYMENT
The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024
Made
28th February 2024
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 49D, 71(1), (4) and (7), 73(1), (4) and (7), 74(1) and (3), 75(1), 75A(1), (3) and (7), 75B(1), (4) and (8), 75C(1) and (2), 75D(1), 75E(1), 75G(1), 75H(17), 75I(1) and (5), 75J and 75K(1) of the Employment Rights Act 1996.
In accordance with section 236(3) of the Employment Rights Act 1996, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Propose a change1 Citation, commencement and extent
(1) These Regulations may be cited as the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024.
(2) This regulation, regulations 2 to 5 and regulation 7 come into force on 6th April 2024.
(3) Regulations 6 and 8 come into force immediately after the regulations specified in paragraph (2).
(4) The amendments made by regulations 4, 5 and 7 have the same extent as the provisions amended.
(5) The amendments made by regulations 6 and 8 extend to England and Wales and Scotland.
Propose a change2 Interpretation
In these Regulations—
“the 1999 Regulations” means the Maternity and Parental Leave etc. Regulations 1999;
“the 2002 Regulations” means the Paternity and Adoption Leave Regulations 2002;
“the 2014 Regulations” means the Shared Parental Leave Regulations 2014.
Propose a change3 Application
(1) The amendments of the 1999 Regulations made by regulation 4 have effect where the employee’s statutory maternity leave period ends on or after 6th April 2024 unless paragraph (2) applies.
(2) This paragraph applies to the amendments made by regulation 4 that make provision for the protected period of pregnancy (regulation 10(1)(a) and (1A) of the 1999 Regulations), which have effect where the employer is informed of the pregnancy on or after 6th April 2024 in accordance with regulation 10(1A) of the 1999 Regulations.
(3) The amendments of the 2002 Regulations made by regulation 5 have effect where the employee’s statutory adoption leave period ends on or after 6th April 2024.
(4) The amendments of the 2014 Regulations made by regulation 7 have effect where the employee’s shared parental leave ends on or after 6th April 2024 unless paragraph (5) applies.
(5) This paragraph applies to the amendments made by regulation 7 that make provision for the additional protected period (regulation 39(1)(b), (1A) and (1B) of the 2014 Regulations), which have effect where—
(a) the employee has taken a period of at least six consecutive weeks of shared parental leave, in accordance with regulation 39(1A) of the 2014 Regulations, and
(b) the first day of that period of leave is on or after 6th April 2024.
(6) In this regulation—
“shared parental leave” has the same meaning as in the 2014 Regulations;
“statutory adoption leave period” has the same meaning as in the 2002 Regulations;
“statutory maternity leave period” has the same meaning as in the 1999 Regulations.
Propose a change4 Amendment of the 1999 Regulations
Regulation 10 of the 1999 Regulations (redundancy during maternity leave) is amended as follows—
(a) in the heading, for “during” substitute “: pregnancy and”;
(b) for paragraph (1) substitute—
(1) This regulation applies where it is not practicable by reason of redundancy for an employer to continue to employ an employee under her existing contract of employment during—
(a) the protected period of pregnancy;
(b) the statutory maternity leave period; or
(c) the additional protected period.
(1A) For the purposes of paragraph (1)(a) the protected period of pregnancy—
(a) begins, subject to paragraph (c), when the employer is informed of the pregnancy which may be after the end of the pregnancy,
(b) ends—
(i) if the employee has the right to statutory maternity leave, on the day on which the statutory maternity leave period commences, or
(ii) if the employee does not have the right to statutory maternity leave, at the end of the period of two weeks beginning with the end of the pregnancy, but,
(c) does not begin if the employer is informed of the pregnancy on or after the day on which, had the employer been informed of the pregnancy earlier, the protected period of pregnancy would have ended in accordance with either paragraph (b)(i) or (ii).
(1B) For the purposes of paragraph (1)(c) the additional protected period—
(a) begins with the day after the last day of the employee’s statutory maternity leave period;
(b) continues during any period of continuous employment that includes the statutory maternity leave period referred to in sub-paragraph (a); and
(c) ends immediately before the relevant day.
(1C) For the purposes of paragraph (1B)(c) the relevant day—
(a) where paragraph (1D) does not apply, is the day after a period of 18 months beginning with the first day of the expected week of childbirth;
(b) where paragraph (1D) applies, is the day after a period of 18 months beginning with the day that childbirth occurred.
(1D) This paragraph applies where, before the end of the statutory maternity leave period or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter, the employer has been notified by the employee of the day that childbirth occurred.
(1E) Notification under paragraph (1D) must be given in writing if the employer so requests.
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Propose a change5 Amendment of the 2002 Regulations
Regulation 23 of the 2002 Regulations (redundancy during adoption leave) is amended as follows—
(a) in the heading, for “Redundancy during” substitute “Redundancy:”;
(b) for paragraph (1) substitute—
(1) This regulation applies where it is not practicable by reason of redundancy for an employer to continue to employ an employee under their existing contract of employment during—
(a) the statutory adoption leave period, or
(b) the additional protected period.
(1A) For the purposes of paragraph (1)(b) the additional protected period—
(a) begins with the day after the last day of the employee’s statutory adoption leave period;
(b) continues during any period of continuous employment that includes the statutory adoption leave period referred to in sub-paragraph (a); and
(c) ends immediately before the relevant day.
(1B) For the purposes of paragraph (1A)(c) the relevant day is the day after a period of 18 months beginning with the day the child is placed with the employee for adoption.
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Propose a change6 Amendment of the Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003
In the Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003, after regulation 12 insert—
Redundancy: adoption leave
13 In regulation 23(1B) of the Leave Regulations, for “is placed with the employee for adoption” substitute “enters Great Britain”.
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Propose a change7 Amendment of the 2014 Regulations
Regulation 39 of the 2014 Regulations (redundancy during shared parental leave) is amended as follows—
(a) in the heading, for “during” substitute “:”;
(b) for paragraph (1) substitute—
(1) Subject to paragraph (1C), this regulation applies where it is not practicable by reason of redundancy for an employer to continue to employ an employee under their existing contract of employment during—
(a) a period in which the employee is taking shared parental leave; or
(b) where the employee is not on shared parental leave, the additional protected period.
(1A) For the purposes of paragraph (1)(b) the additional protected period—
(a) begins with the day after the employee has taken six consecutive weeks of shared parental leave;
(b) continues during any period of continuous employment that includes the shared parental leave referred to in sub-paragraph (a); and
(c) ends immediately before the relevant day.
(1B) The relevant day referred to in paragraph (1A)(c) is the day after a period of 18 months beginning with the day on which the child was—
(a) born, where the entitlement to shared parental leave arises under Part 2 (entitlement to shared parental leave (birth)) of these Regulations;
(b) placed with the employee for adoption, where the entitlement to shared parental leave arises under Part 3 (entitlement to shared parental leave (adoption)) of these Regulations.
(1C) This regulation does not apply where either of the following regulations applies—
(a) regulation 10 of the Maternity and Parental Leave etc. Regulations 1999 ; or
(b) regulation 23 of the Paternity and Adoption Leave Regulations 2002.
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Propose a change8 Amendment of the Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014
In the Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014, after regulation 20 insert—
Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas
20A In regulation 39 (redundancy: shared parental leave), for paragraph (1B) substitute—
(1B) The relevant day referred to in paragraph (1A)(c) is the day after a period of 18 months beginning with the day on which the child enters Great Britain.
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Propose a change