Navigating Parenthood – Parent Mental Health Day 2024

Osborne Clark, legal experts, provide insights on parental legislative changes. These changes aim to enhance support for parents with the Statutory Paternity Leave seeing expanded provisions to better address the mental health needs of parents.

Recent months have seen a flurry of legislative announcements focused on supporting on working families and those with caring responsibilities. With Parent Mental Health Day taking place on 27 January, this is an ideal time for employers to consider the new rights coming into force in the next few months and the wider support provided to parents in their workforce.

Paternity Leave Amendments: Greater Flexibility for Fathers and Partners

Most recently the draft Paternity Leave (Amendment) Regulations 2024 have been laid before Parliament and are due to come into force on 8 March 2024. They introduce a number of changes to statutory paternity leave that will take effect in relation to children whose expected week of childbirth is after 6 April 2024 and children whose expected date of placement for adoption, or expected date of entry into Great Britain for adoption, is on or after 6 April 2024.

The changes include:

• Providing for fathers and partners to take their leave and pay at any point in the first year after the birth or adoption of their child (this is currently restricted to the first eight weeks after birth/adoption).
• Providing for fathers and partners to take their leave and pay as two non-consecutive blocks of one week, rather than only in one block of either one or two weeks.
• Requiring an employee to give 28 days’ notice prior to each period of leave (the notice period is currently 15 weeks before the expected week of childbirth). For adoption, the notice period will stay as within seven days of having received notice of being matched with a child, to reflect the short timescales often involved in adoptions.
• Allowing for variation of notice given, provided 28 days’ notice is given of any variation.

Support for Families: Beyond Paternity Leave

These changes will provide families with greater flexibility in balancing their work and childcare in the first year of a child’s life/adoption. Other new developments which will also support parents and those with caring responsibilities include a new right to carer’s leave, the enhancement of the statutory flexible working regime and improved protection in redundancy situations during and after certain periods of statutory family leave. Parental Mental Health Day this week provides a reminder of the ongoing challenges parents face in balancing their childcare responsibilities with their working life. There are many stages at which challenges can arise whether during the early years, at school and as children prepare for adult life and this has an impact on parents mental and physical wellbeing and in turn their ability to do their best work.

While there is already an existing basic right to take unpaid leave (through parental leave or emergency leave to care for a dependant), employees will often need ongoing flexibility to achieve the right balance and manage ongoing challenges within their family.

Parent Mental Health Day is a good time for employers to reflect on policies, training and support structures provided in their workplace to ensure an inclusive and family friendly working environment.  There are challenges associated with providing flexibility and support services, the impact of poor mental and physical wellbeing through sick leave, loss productivity and poor attrition is significant and therefore helping employees to balance their competing responsibilities is good employment practice.