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Working families, juggling priorities

30 June 2008

PCS research officer Pam Cole explains what is covered in our updated factsheets to help members balance their work and home lives.

The Work and Families Act 2006 improved statutory leave and pay entitlements for parents and created a new right for carers to ask to work flexibly.

In light of this we have updated our factsheets on maternity, adoption, flexible working and eldercare. Each gives a brief summary of the legal rights and includes contacts and resources for further information.

Here we look at the key changes introduced by the Act and what is covered in the new factsheets.

Maternity rights

Any woman who is an employee has a legal right from the first day of her employment to a total of 52 weeks statutory maternity leave – 26 weeks ‘ordinary’ maternity leave and 26 weeks ‘additional’.

In addition to maternity leave, a woman who has worked for an employer for at least 26 weeks prior to the 15th week before the expected week of childbirth – known as the ‘qualifying week’ – and has earned an average of at least £90 per week for the two months before this, is entitled to statutory maternity pay for a period of 39 weeks.

The new mother must now give 56 days' notice of her return to work if she does not plan to take her full maternity leave entitlement.

‘Keeping in touch’ days have been introduced to help employees stay in touch with their job during their maternity leave without affecting their entitlement to maternity pay.

The worker and the employer are entitled to use up to 10 days for this purpose, but there is no obligation on either to do so. The days can be used for training or attending events as well as for carrying out the usual duties of the job.

Adoption rights

To qualify for statutory adoption leave and pay an employee must have worked continuously for the same employer for 26 weeks at the week at which s/he is notified of being matched with a child for adoption.

The statutory right is to take 26 weeks of ‘ordinary’ adoption leave followed by a further 26 weeks of ‘additional’ adoption leave. Statutory adoption pay is available for 39 weeks at the same rate as statutory maternity pay.

Unlike statutory maternity pay, there is no higher rate for the first six weeks and no alternative assistance for parents who earn less than £90 per week.

‘Keeping in touch’ days apply in the same way as for maternity entitlements.

Flexible working rights

Under the Employment Act 2002, parents of children aged under six, and of disabled children aged under 18, were given the right to ask to work flexibly. This right was extended to carers of adults by the Work and Families Act.

From 2007 employers have had a duty to consider all such requests seriously. After extensive consultation with businesses, unions and carers’ groups, a broad definition of ‘carer’ has been adopted, which is an employee who is or expects to be caring for a person aged 18 or over who:

  • Is married to, or is the partner or civil partner of the employee
  • Is a near relative of the employee
  • Falls into neither of the above categories, but lives at the same address as the employee.

A near relative includes parents, parents-in-law, adult children or adopted adult children, siblings and siblings-in-law, uncles, aunts, grandparents and step-relatives in these categories.

Parents and carers have rights to:

  • Ask to work flexibly
  • Have their application considered in accordance with the set procedure, which is explained in our factsheet
  • Be accompanied at the employer meeting
  • Be refused their request only if there is a clear business ground for refusal
  • Have a written explanation of the grounds for refusal
  • Appeal against the employer’s decision
  • Take a complaint to a tribunal if the proper procedures have not been followed
  • Take a sex discrimination claim to a tribunal in certain circumstances if a request is refused unreasonably
  • To be protected from detriment or dismissal for making an application under the right.

 

The flexibility may be:

  • A change to the number of hours worked
  • A change to the times when they are required to work
  • An arrangement to work from home.


 

Eldercare

The extension of the right to ask to work flexibly will have particular benefits for people who care for older adults where needs are often less predictable than in caring for children.

There are a number of existing rights, benefits and allowances for carers, such as time off for dependants, which are also outlined in the factsheet. The Carers (Equal Opportunities) Act 2004 requires local authorities to take into account work, lifelong learning and training issues, as well as the caring role, when assessing support for individual carers.

The European Court of Justice is due to hear a case which concerns a claim that an employee was discriminated against on the grounds of her son’s disability. The Advocate General has given an opinion that discrimination by association is unlawful under the EU Directive. If the court supports this view, it may afford further protection to carers.

Other family friendly rights

There are more PCS working families and working time factsheets on related topics including paternity leave, parental leave, time off for dependants, part-time working and flexible working options.

Originally produced in 2003, they will be updated this year. The information is still correct, but contact details should be used with care, particularly for government departments.

Do you have a better agreement?

PCS members are likely to be covered by an agreement that gives them better rights than statutory minimums.

Many agreements offer 26 weeks maternity leave on full pay, but in return often require workers to have one year’s service, and also require them to pay it back (minus statutory pay) if they don’t return to work for at least a full month after taking it.

The union is seeking 39 weeks maternity leave on full pay as part of its national pay campaign.

Copies of the factsheets are available from our equality department:

For guidance on all statutory family friendly rights, visit the Department for Business, Enterprise and Regulatory Reform website

Labour Research Department has published a booklet called 'Leave and pay for working parents – a guide for union reps'

For information about publications and other specific enquiries contact our reps’ helpline:

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