Proposals for paternity leave set out
The Deputy Prime Minister, Nick Clegg, set out the latest
government proposals for family-friendly rights in the workplace
yesterday (Monday 17th January 2011) in a speech to the political
think-tank Demos. But in a message that combined promises of “no
preaching” on the one hand with suggestions that men need to be
“actively encouraged” to take time off to look after their children
by “use it or lose it” measures on the other, employers could be
forgiven for being confused about exactly what message he was
trying to get across.
What is certain is that more family-friendly rights for
employees are on the coalition government’s agenda and employers
will have to get used to further changes. Here we answer a few
questions about what’s happening and what employers can expect.
What are the current entitlements?
Employees already have the following rights, subject to
qualifying conditions:
- The right to request flexible working;
- Maternity Leave
- Paternity Leave
- Adoption Leave
- Time Off for Dependants
- Parental Leave.
For further details of these rights, see our “How Employment Law Works” pages on
MentorLive for existing clients.
Why is the government proposing more family-friendly
rights?
During the 2010 general election, the Conservative manifesto
promised to “make Britain the most family-friendly country in
Europe”. Both the Conservative and the Liberal Democrat manifestoes
promised to allow parents to be able to share all Maternity and
Paternity leave between them as they wish.
Following the election, the Coalition Agreement included
promises to extend the right to request flexible working to all
employees and to encourage shared parenting from the earliest
stages of pregnancy, including the promotion of a system of
flexible parental leave.
What’s definitely happening?
Two changes have already been announced and will take place from
the beginning of April 2011:
- The right to request flexible working will be extended to
include parents of 17-year old children. The right currently ends
when children reach age 17, except where the child is
disabled;
- Mothers will have the right to transfer up to six months’
unused Maternity Leave to the father, who will be able to take this
leave as Additional Paternity Leave.
So, what exactly is the government
proposing?
There are no definite proposals yet. The government promises a
consultation paper which will contain detailed proposals soon.
Among the ideas floated in Nick Clegg’s speech are:
- Extending the right to request flexible working even
further;
- Allowing parents to share available maternity and paternity
leave entitlement, including the facility to take time off at the
same time;
- Allowing leave to be taken in several blocks rather than all in
one go;
- Encouraging men to take more leave by “use it or lose it”
blocks of leave entitlement.
When are any changes likely to happen?
Nick Clegg said that any proposals would not be implemented
until 2015. However, as the proposals are a key part of both
coalition partners’ manifestoes and form part of the coalition
agreement itself, employers should not expect the relatively long
timescale will mean the proposals will go away.
Is there anything I can do to prepare?
Employers have done much in recent years to adapt to increasing
family-friendly workplace rights for employees. For employers who
have not already done so, the next round of changes will force
employers to make flexible working and leave arrangements a core
part of their employment procedures.
- Keep watching these pages for further information and guidance
as the proposals take shape.
- Our MentorLive “How To” Guide on creating a family friendly organisation can help.