Partner Article

Parental leave rights will provide effective, engaged workforce

Catharine Geddes, Associate at law firm Lester Aldridge LLP, reacts to the Government’s plans to extend parental leave rights:

“The Government has announced its updated plans for the future of family friendly leave in the UK. The announcement confirms the initiative to increase the flexibility available to parents in terms of sharing the leave available and introduces a number of new or extended rights and entitlements which businesses will need to consider.

In 2011 the Government undertook a “Consultation on Modern Workplaces” which included, amongst other matters, consideration of a new system of parental rights. Today’s announcement by the Deputy Prime Minister, Nick Clegg, responding to the Consultation confirms that one development is intended for 2014 with the main changes being introduced in 2015. The outcome to the Consultation in respect of amendments to the Working Time Regulations 1998 is still awaited.

The developments include changes to parental leave, flexible working, time off for antenatal appointments and a new scheme of flexible leave effectively replacing the current maternity and paternity provisions:

Parental Leave – April 2013 - For those who have been employed for at least 1 year there is a right to unpaid ‘parental leave’ which can only be exercised until the child’s 5th birthday (or 18th birthday in the case of disabled child). This provides up to 13 weeks unpaid leave per parent per child (18 weeks in respect of a disabled child). The statutory scheme provides that a maximum of 4 weeks parental leave can be taken in one year. This right to unpaid ‘parental leave’ will be increased to 18 weeks with effect from April 2013 to give effect to a European Directive. From 2015 the right will also be extended so that the leave can be taken at any time until the child’s 18th birthday.

Flexible Working – 2014 – Employees with caring responsibilities can currently make a request to work flexibly provided they meet certain qualifying criteria and comply with the set statutory process for making the request. Employers are not obliged to agree to the request and there is a statutory procedure for the employer to follow in dealing with it. The Government’s announcement has confirmed an intention to extend this right to all employees with 26 weeks continuous service – not just those with caring responsibilities. Requests would need to be dealt with ‘reasonably’ (in terms of both timing and manner) and, we are told, ACAS will be consulting on and producing a code of practice in relation to flexible working with guidance on these points.

Antenatal Appointments – 2015 - Pregnant mothers already have the right to reasonable paid time off work to attend antenatal appointments. This right will be extended to apply to fathers (or the mother’s partner) for attendance at two appointments from 2015 (although the time off will be unpaid).

Flexible Parental Leave – 2015 – Father’s (or the mother’s partner) will remain entitled to 2 weeks paternity leave and pay. However, if the mother returns to work prior to the end of her 52 week maternity leave period then up to 50 weeks (depending how much leave is remaining as untaken) can be shared between the mother and her partner as ‘shared parental leave’. A maximum of 12 months can be taken (between the 2) and no more than 9 months of this would be paid (unless an employer has more generous maternity or paternity pay arrangements in place). This right will also apply to parents who adopt.

Whilst 52 weeks maternity leave will remain the ‘default’ position for women, the flexible parental leave will replace the current maternity and paternity leave ‘division’ and is intended to be less restrictive for the employee and provide the opportunity for real balance and flexibility in accommodating parenting and workplace responsibilities. There is also scope under the new system for leave to be taken concurrently by both parents something which at present is only available (on a paid basis) during the 2 week ordinary paternity leave period which can overlap with maternity leave.

The Response also confirms that some inconsistencies in the rights for adoptive parents and surrogates (meeting criteria for a Parental Order) will be revised through these changes.

A further consultation on how the scheme of Flexible Parental Leave will work will be introduced in the New Year and so there remains, at this stage, some uncertainty over the details of the arrangements and employer and employee obligations. Once again though the Government has expressed its intention that the leave and scheme be ‘light touch’ in terms of its administration and considers that the changes will be good for both businesses and families. However, it seems that it will result in greater uncertainty for employers which could cause difficulties in terms of workplace planning and some bodies have concerns over how workable this regime will be in practice. Whilst the changes will require greater planning and flexibility from both sides, it certainly has the objective of developing a more engaged and effective workforce without key individuals being lost to the choice between work and their other responsibilities.“

This was posted in Bdaily's Members' News section by Lester Aldridge LLP .