Family Friendly

Flexible Working
Maternity Rights (October 2008)
Parental/ Paternity Leave

1.Flexible Working

With effect from April 2009, parents of all children under the age of 17 who meet the qualifying conditions have the right to apply for flexible working.

2. Maternity Rights (October 2008)

Women on additional maternity leave became entitled to the same terms and conditions of employment as when they were on ordinary maternity leave (for babies expected after 5th October. Note that this includes retaining all their contractual benefits, e.g. potentially Company Cars etc.

3. Parental/ Paternity Leave

(a) Parental Leave

This is curerntly unpaid. The right to parental leave applies when an Employee has compelted one year’s service. It allows parents to take 13 weeks (18 weeks for disabled children) parental leave to care for each child. The right to take leave lasts until the child’s fifth birthday or until five years had elapsed following placement in the case of adoption. In the case of a disabled child the leave can be used over a longer period, up until the child’s 18th birthday.

(b) Paternity Leave

The law entitles the father of a child (and some others) to take paid [aternity leave. (SPP- Statutory Paternity Pay).

In order to qualify for paternity leave the employee must satify the following conditions:

have worked continuously for 26 weeks leading into the 15th week before the baby is due.
be the biological father of the child or the mother’s husband or partner
where the child is adopted be married to, or the partner of, the child’s adopter
have or expect to have responsibility (or if not the child’s father, main responsibility apart from the mother) for the child’s upbringing.

If eligible the employee is entitled to choose to take one week or two weeks consecutive weeks’ paternity leave (not odd days).

(c) Changes from April 2011

This is currently being reviewed by the coalition government and either may not be implemented at all, or may be delayed.

Fathers of children born or adopted after 3 April 2011 will be entitled to up to 26 weeks’ additonal paternity leave and upto 13 weeks’ additional paternity pay.
Employers operating enhanced maternity pay schemes will need to consider whether to offer similar benefits to male employees or face possible legal challenges under sex discrimination legislation.
Some employers may choose to reduce enhanced parental benefits- but offer them to both male and female employees.

Key points include:

Extending paid maternity leave and adoption leave from six months to nine months.
Removing the current length of service requirement for additional maternity leave.
Introducing optional ‘keeping in touch days’ (KIT) which allow a mother to attend work for up to 10 days during her maternity leave without losing her maternity benefits or bringing her leave to an end. Employees are protected from detriment or dismissal if they consider taking, take or refuse to undertake KIT work.
A clarification that employers are entitled to make ‘reasonable contact’ with employees while they are on maternity leave.
And an increase in notification requirement from 4 to 8 weeks where mothers wish to return to work early.