Agenda item

This report seeks to inform the Committee of the April 2026 statutory reforms we must implement to the Council’s family policies, this includes: (i) Paternity Leave and Unpaid Parental Leave becoming day?one rights, (ii) the lifting of the restriction on taking Paternity Leave after Shared Parental Leave, and (iii) the introduction of a new statutory Bereaved Partner’s Paternity Leave.

Discussion

The Head of Employee Relations introduced the report which informed the Committee of the April 2026 statutory reforms and the effect on the Council’s family policies, which included: (i) Paternity Leave and Unpaid Parental Leave becoming day?one rights, (ii) the lifting of the restriction on taking Paternity Leave after Shared Parental Leave, and (iii) the introduction of a new statutory Bereaved Partner’s Paternity Leave. The report also clarified the continued distinction between entitlement to leave and entitlement to statutory pay. The recommended updates within the report, ensured the Council would be compliant with the Employment Rights Act reforms and associated regulations coming into force in April 2026, whilst supporting the ambition to be a family?friendly employer.

The report also requested a delegated authority to make minor, non?material amendments to any policies affected by statutory changes under the Employment Rights Act 2025 until such time as the Act has been fully implemented. This was to ensure no delays in compliance due to the quarterly nature of the Committee and rapidly changing landscape of legislative implementation.

Bereaved Partners’ Leave - concerns were raised by Members regarding bereaved partners’ leave, particularly the perceived inconsistency whereby a bereaved parent was entitled to up to 52 weeks’ unpaid leave if the death of the mother or primary adopter occurred early within the first year, but significantly less leave if the death occurred later in that same year. Several Members expressed the view that this distinction was difficult to justify and that the impact on the surviving parent would be equally profound regardless of timing. Officers advised that the Council was currently reflecting the statutory framework and confirmed that a wider suite of policies - including bereavement leave, compassionate leave, carers’ leave and dependent leave, could be accessed to support staff experiencing such circumstances. It was suggested that Medway could and should do better than the minimum statutory requirement and that the12 months unpaid leave should not be limited to a 52 week timeframe, stressing the aspiration to be a genuinely family?friendly employer.

Training - in response to a query it was confirmed that clear guidance and training would be provided to managers to prevent unintended consequences of informal disadvantage or penalties for staff taking family leave. Supplementary guidance for managers would accompany the policies and it was noted that the Council’s approach to training increasingly used practical examples and bite?size learning to support consistent and fair application. Members requested clearer signposting between family leave policies and other relevant staff policies, to ensure managers had a holistic understanding of the full range of support available and to avoid overly complex or inconsistent approaches.

Members noted the Joint Consultative Committee comments from the earlier meeting which had included the HR Consultant and Policy Lead agreeing to look at clarifying the legacy wording in the second bullet point under Parental Leave at Appendix A, concerning adoptive parents.

Decision

The Employment Matters Committee:

a)             reviewed and approved the statutory updates to the Council’s Maternity and Paternity Leave, Parental Leave and Shared Parental Leave as set out in the report as set out in Appendix A to the report;

b)             approved the new Bereaved Partner’s Paternity Leave Policy as set out at Appendix B to the report, with its appendices (Appendix C and D to this report); subject to the ‘new day?one right for the child’s father/partner (or equivalent in adoption/surrogacy scenarios) to take up to 52 weeks of unpaid leave where the mother/primary adopter dies within the first year; taken within 52 weeks of birth/placement provision of up to 12 months unpaid carers leave’, being amended so that the entitlement to 12 months was not limited to end within the first 52 weeks timeframe. The Committee agreed to delegate authority to the Chief Operating Officer in consultation with the Chairperson to agree the final wording within the Policy.

c)             endorsed the delivery of manager briefings, payroll and HR system updates, and staff communications to be rolled out alongside these updates; and

d)             agreed to delegate authority to the Chief Operating Officer, to make minor, non?material amendments to any policies affected by statutory changes under the Employment Rights Act 2025 until such time as the Act has been fully implemented. The delegation was limited to amendments required to maintain legal compliance and did not extend to substantive policy changes, which would remain subject to Committee approval. Any use of the delegation would be reported to the next meeting of the Committee.