Q&A: A better balance for parents?
3 December 2009
Q. Are there plans to change this?
Q. What notice do we have to give?
Q. Do these changes go far enough?
What’s the background?
All mothers who are employed have the right to a full year’s leave, while new fathers can only take a maximum of two weeks at the time of the birth or adoption.
Like mothers, after the birth fathers are entitled to up to 13 weeks’ parental leave per child, to leave to care for their children in an emergency, and to request flexible working to facilitate childcare arrangements.
There are many good reasons why mothers need more time off at the time of the baby’s birth, such as the need to recover from the birth itself, and to encourage breastfeeding.
However, many have argued the differences in entitlements reinforce society's stereotypes about caring for children.
Are there plans to change this?
The government is consulting on introducing rights put in place by the Work and Families Act in 2006, which have remained dormant.
Where the mother returns to work before the end of her 52 weeks’ leave, fathers will be able to benefit from some of the unused portion of maternity leave, and take it as additional paternity leave (APL).
If the mother takes her full entitlement, the father is not eligible for APL.
How long can fathers take?
APL can be for up to 26 weeks, but the first 20 weeks of leave can only be taken by the mother.
APL taken by the father may be paid at statutory rates if taken during the mother’s 39-week maternity pay period. Any leave after this will be unpaid.
The father’s employment position will be protected during APL, and fathers will be entitled to return to the same job on the same terms and conditions. During the leave all terms and conditions, except salary, will continue.
There are also protections against discrimination and detriment on the grounds of having taken paternity leave.
Can it be broken up?
At present mothers on maternity leave can return to work for up to 10 keeping in touch (KIT) days without losing their maternity rights.
These are also expected to apply to fathers, so they will be able to work for their employer during APL for up to 10 days without bringing their APL to an end or losing their entitlement to statutory pay.
What notice do we have to give?
Fathers are likely to be required to give a minimum of eight weeks' notice of their intention to take APL. Employers should confirm the request within 28 days.
Parents will be required to ‘self certify’. So, a father will need to certify to his employer that the mother has returned to work. However, employers and HM Revenue and Customs will be able to carry out further checks.
Do these changes go far enough?
New ‘paternity rights ‘transferable’ from the mother, rather than as a right in themselves, may fail to address the underlying assumptions that new dads don’t need much time off.
The fact no extra pay is available to couples will not address the problems many families face in assessing the affordability of taking full leave.
And it remains to be seen whether many new dads will feel able to – or able to afford to – take advantage of these proposed new rights.
If they don’t, this will be a missed opportunity. Meaningful improvements to rights for new fathers would have knock-on benefits for working mothers as well.
When will this happen?
Change is some way off: the intention is that the new right will be brought in by April 2010, to take effect for parents of babies due on or after April 2011.
The consultation on the proposal – details available at www.bis.gov.uk – ends on 20 November 2009. Responses are sought from individuals as well as organisations.
This is not intended as legal advice on individual cases. With thanks to Russell, Jones and Walker solicitors.
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