The government is set to launch a consultation into the diversity and inclusion laws in the UK, and as such will be consulting on current legislation for families, including maternity leave, paternity leave, rights for single-families and also flexible working policies. The consultation will aim to urge the government to provide better support to families during parental leave, as well as more transparency regarding pay arrangements. In particular, they are likely to urge the government to force employers to make information such as this available to job applicants.
The consultation will firstly look at the current ‘pay and leave’ legislation, concentrating on six main areas. These are:
The potential to enhance paternity pay, and also remodelling the system regarding how employers are reimbursed by the state
Currently, employees are eligible for paternity pay if they (and their partner) are having a baby, adopting a child, or having a baby through surrogacy means. They are entitled to take 1 or 2 consecutive weeks of leave, and this leave cannot start before the birth of the child. In terms of pay, employees are entitled to either £148.68 a week, or 90 per cent of their weekly earnings (whichever is less). The consultation will judge whether there should be an increase in statutory paternity pay.
Under current legislation, employers are entitled to be reimbursed by the state for maternity and paternity pay, and the consultation will look at whether the model should be changed. Employers can currently reclaim 92 per cent of the employer’s statutory pay, or 103 per cent if the business qualifies for ‘Small Employers’ Relief’.
Whether the statutory period of paternity leave should be extended
Theresa May considered whether paternity should be extended to 12 weeks, as opposed to just the two weeks currently offered, before she left the office of Prime Minister. Many feel that two weeks isn’t long enough for fathers, and an extended period of leave would encourage new fathers to spend longer off work caring not only for the new baby, but also for mothers and other children in the house. The consultation will consider whether the period of paternity leave should be extended.
Improving the current policy of shared parental leave and pay schemes
Since the coalition government brought in the policy of shared parental leave, just 1 per cent of new parents partaking in the scheme. Currently, the mother and the father share up to 50 weeks of leave between each other, with 37 weeks paid at just under £150 per week. As such, the consultation will consider how the scheme can be enhanced by giving each parent their own share of time and pay.
To look at changing statutory maternity leave and pay
Currently, women are entitled to take up to a year off after having their baby. It’s not compulsory to take the full 52 weeks, but you must take a minimum of two, or four, weeks depending on your job. The employee can also choose when to start their maternity leave, and can take leave from 11 weeks before their expected due date.
In terms of maternity pay, you only get paid for up to 39 weeks. For the first 6 weeks, you’re paid 90 per cent of your average earnings, and for the following 33 weeks, you’re paid either £148.68 per week, or 90 per cent of your average earnings, whichever is less.
The consultation will consider whether there needs to be changes made to statutory maternity leave and pay.
Whether certain parts of parental leave should be reformed
The consultation will assess how parental leave is legislated. Currently, mothers are eligible for up to 52 weeks of parental leave, partners taking paternity leave are eligible for up to 2 weeks of leave, and parents can take shared parental leave up for up to 50 weeks. In addition, parents-to-be are also afforded unpaid leave to attend pre-natal appointments as well.
The consultation will consider whether there should be new rights to neonatal leave and pay, in particular regarding the rights of parents whose babies are ill, needing two or more weeks of neonatal care, and as such, whether there should be separate rights to take situations such as this into account, independent of the pre-established maternity and paternity rights.
A consideration of whether the government should have a single set of legislation for family leave, rather than just individual rights
In the UK, parents are seen as separate when it comes to family leave, with maternity and paternity leave being seen in the light of ‘individual rights’, rather than as a joint ‘family leave’. The consultation will consider whether ‘family rights’ should be seen as a set of ‘family leave entitlements’.
Flexible Working
Currently, all employees reserve the right to request flexible working, and employers have the right to reject the request, so long as they provide reasonable reasons why flexible working is not suitable for the particular job. In terms of flexible working, the consultation will consider whether employers should be legally obliged to state in job adverts their stance on flexible working, and whether the job in question can be carried out on a flexible basis. Furthermore, the consultation will also consider whether employers should be legally obliged to publish their policy on flexible working, to be readily accessible for all.
Pride In People is able to consult on matters relating to family leave. Call or email to find out more.
About The Author: Fiona Carter
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