Parents to share maternity leave

FAMILY-FRIENDLY BENEFITS

Parents to share maternity leave

The government will consult shortly on new regulations that will entitle mothers to share some of their “maternity” leave with fathers. But plans to extend paid maternity leave from nine months to a year have been dropped.

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Proposed scheme

  • Families will have the choice to transfer up to six months leave to the father should they want to, which can be taken by the father once the mother has returned to work.

  • This new provision will be available during the second six months of the child’s life, giving parents the option of dividing a period of paid leave entitlement between them.

  • Some of the leave may be paid if taken during the mother’s 39-week maternity pay period. This would be paid at the same rate as statutory maternity pay (currently £123.06 a week).

  • Parents will be required to “self certify” by providing details of their eligibility to their employer. Employers and HMRC will both be able to carry out further checks of entitlement if necessary.

The scheme has been designed in a way that “minimises the administrative burdens on business”. In order “to give employers time to adjust” it will be introduced for parents of children due on or after 3 April 2011.

The Department for Business estimates that the take-up of additional paternity leave is less than 6% and it is estimated that take up will affect 0.7%, or one in every 137, of all small businesses.

CIPD reaction

Responding to today’s announcement, the Chartered Institute of Personnel and Development (CIPD) drew attention to the administrative burden involved in sharing parental leave between parents, which will discourage employers from promoting take-up and risk some parents not getting the leave they are entitled to.

Mike Emmott, Employee Relations Adviser at the CIPD, said:

“We share the widely expressed concerns about the principle of allowing parents to convert maternity leave unused by mothers into paternity leave for fathers – we have always maintained the administrative burdens involved could cause a real headache for employers."

He added:

“Our research shows that “paid paternity leave”, restricted as it is to a statutory £123.06 a week, is not attractive to the vast majority of fathers. We found that less than half of fathers would take even the existing two weeks paternity leave at statutory pay levels, many preferring to take paid leave instead. So the proposed increase in ‘paid’ paternity leave is unlikely to lead to any dramatic increase in take-up.”

“However, we are pleased that the government is evidently intending to move towards a more equitable sharing of the burden of child support between mothers and fathers in the early months after a baby is born. Any realistic plan to achieve this is bound to be expensive and could only be implemented over many years.  However, without some further steps in this direction, the stated aim of all the main parties to close the gender pay gap will be hobbled in one important regard. This is a cultural issue that government cannot tackle alone. But there is a role for government, working closely with employers, to nudge cultural norms in the right direction.”

A final word

“The number of businesses affected is expected to be small – less than 1% of small businesses – and we will work with business to make sure any changes are introduced in a way that minimises burdens and gives them predictability in the provision of leave. As family friendly policies have been introduced we have seen more retention of mothers in their current jobs when they go back to work.” - Pat McFadden, Business Minister.

 “Mothers will be able to choose to transfer the last six months of their maternity leave to the father, with three months paid. This gives families radically more choice and flexibility in how they balance work and care of children, and enables fathers to play a bigger part in bringing up their children.” - Harriet Harman, Minister for Women and Equality.

Want to know more?

  • Employed fathers are currently entitled to two weeks paid paternity leave and mothers to 52 weeks' maternity leave, of which up to 39 weeks are paid.

  • Employed parents are also entitled to a total of 13 weeks' unpaid parental leave until the child’s fifth birthday.

  • Parents of children aged 16 and under have the right to request flexible working.

  • These rights will not be affected by the introduction of additional paternity leave.

  • The government had a goal to introduce additional paternity leave and pay before the end of this Parliament. A consultation on draft regulations will be launched soon. Subject to consultation and parliamentary procedure, the government intends that the law be in force by April 2010 and have effect for parents of children due on or after 3 April 2011.

  • Legislation already delivered by government includes the extension of statutory maternity leave from six to nine months and increased statutory maternity pay from £60.20 a week in 2001 to £123.06 now, the largest increase in maternity allowance since 1948 and the introduction of statutory paternity leave.

For more details visit Department for Business, Innovation & Skills www.berr.gov.uk.