Ian Pettifer, Employment Solicitor, Tayntons LLP, Gloucester on preparing for Parental Leave changes

29th March 2011 16:22

At present, mothers are entitled to 12 months paid statutory maternity leave, which includes 26 weeks ‘ordinary maternity leave’ and 26 weeks ‘additional maternity leave’, while fathers are entitled to two weeks’ paternity leave.

From April fathers with children born on or after 3 April 2011 will be entitled to ‘additional paternity leave’ (APL) for a maximum of 26 weeks. This will also apply to adoptive parents who are notified that they have been matched with a child after 3 April 2011. The earliest point at which APL can start is when the child is 20 weeks old and can only be taken once the mother has returned to work.

Ian Pettifer, Employment Solicitor, Tayntons LLP, Gloucester advises that Employers need to prepare for the change, and review current practice:

• Existing “family friendly” policies and procedures need to be reviewed, especially to manage how requests for APL are dealt with and, to deal with “keeping in  touch” days for fathers. 
• Redundancy policies need to be updated as well, since fathers on paternity leave will have the same enhanced right as women on maternity leave to be given any jobs which are available if their own role is redundant. 
• Managers may need additional training, to reduce the risk of discrimination claims.
• Employers may wish to put in place systems to check up on the self-certificates from fathers, and may wish to take advantage of their entitlement to see the birth certificate and to write to the mother’s employer.  Employers also need to consider how (if at all) they want to respond to requests for information from the employers of the partners’ of their staff taking maternity leave.
• The Government’s guidance is that employers do not have to offer enhanced paternity pay, even if they do already offer enhanced maternity pay, but employers may wish to make sure that staff are treated equally, both to be sure that they are not open to claims, and to ensure that employees believe they have been treated fairly.

According to press reports, the Government are looking at granting the power to small businesses to make exceptions to some maternity and paternity rights.  This would mean that companies with less than 10 employees would not be covered by the current regulations and the rights legally given to mothers and fathers may be reduced or lost altogether.

At present we do not know if the Government’s plans are to enforce lower standards for small employers, or to abandon the rights such as maternity and paternity leave and the right to transfer leave between parents altogether.  If this were to be the case, bosses would be able to effectively negotiate with their employees the length of time taken for both maternity and paternity leave.

However these are core rights, which are backed up by European Union legislation.  The Government’s attempt to cut red tape might backfire and result in uncertainty, and the risk of legal claims by workers who are deprived of their rights.

Other problems for businesses could arise if, as the Government have suggested, leave would have to be negotiated with each individual member of staff.  As the economy picks up, key skills can be in short supply.  These proposed changes could have a further detrimental effect on smaller businesses as potential employees would get better opportunities at a larger business and are therefore unlikely to apply for jobs in a smaller company.

There could also be a risk to jobs, if employers just above the small business threshold downsize, to bring themselves outside the laws.

For further information and advice, contact Ian Pettifer on 01452 509080 or email ian.pettifer@tayntons.co.uk