Government plans proposals to leave and pay
From 3 April 2011, the paternity leave rules were changed to give fathers (or partners of the main parent of an adopted child):
- The right to take up to 26 weeks' additional paternity leave if the mother (or main parent of an adopted child) returns to work without using up their full leave entitlement; and
- Paid leave for this period if the mother (or main parent of an adopted child) was still entitled to paid leave, subject to notice provisions and a minimum service condition.
Despite this recent change, the Government is now consulting on a proposed new system of shared parental leave. Under the new proposal:
- The first 18 weeks' leave would be reserved for the mother as maternity leave, to be taken around the birth, as under the current system. The current 2 weeks' paternity leave would also be retained.
- The remainder of existing maternity leave, (some 34 weeks), would be re-classed as "parental leave". Each parent would have four weeks' paid leave exclusive to them, and the rest can be taken as the parents see fit.
In addition to this, the Government is proposing:
- The right to request flexible working be extended to all employees employed for more than 26 weeks. Rather than the existing (and rather technical) statutory process for considering requests, there would be a duty to consider requests "reasonably", in line with a new code of practice.
- Employers who are found to have discriminated on the ground of sex with regard to pay be made to undertake an equal pay audit.
- The Working Time Regulations 1998 be brought into line with recent European cases that allow holiday untaken as a result of illness to be "carried over" to the next holiday year.
Consultation on these proposals runs until August of this year although any proposed changes are unlikely to be in place before 2015. We will update you further once the consultation ends.
For more information on this or any employment or HR issue, please contact: