Family-friendly rights: a whistle-stop tour

Shared parental leave has been in the press again of late, with a new father winning a sex discrimination claim for his employer’s failure to enhance its shared parental pay. How can employers stay on top of the various family-friendly rights available to employees? Sarah Anderson provides a whistle-stop tour of who is entitled to what, and when.

1. Statutory maternity leave

A pregnant employee has a right to take 52 weeks’ maternity leave.

There is no requirement for a minimum period of qualifying service: maternity leave is a “day-one right”.

To qualify for statutory maternity pay, a pregnant employee must meet certain eligibility criteria.

Statutory maternity pay is payable for up to 39 weeks.

The first six weeks are payable at 90% of the employee’s average weekly earnings.

The remaining 33 weeks are paid at the flat rate in force at the time or at 90% of the employee’s average weekly earnings where this figure is less than the flat rate.

• How does an employer determine an employee’s right to statutory maternity pay?

2. Statutory adoption leave

An eligible employee who has adopted a child, or who is one of a couple who have jointly adopted a child, is entitled to take 52 weeks’ adoption leave.

Adoption leave is a day-one right, and statutory adoption pay mirrors statutory maternity pay.

• For how long is statutory adoption leave payable?

3. Statutory paternity leave

An employee who is the biological father of a child, or the mother’s husband or partner, has the right to take either one week’s or two consecutive weeks’ paternity leave.

The right also applies to an employee who is one of a couple who have jointly adopted a child or who is the spouse or partner of an individual who has adopted a child.

To qualify for paternity leave, an employee needs to have a minimum period of service with the employer.

Employees are entitled to one week’s or two weeks’ statutory paternity pay if they meet certain eligibility requirements.

Statutory paternity pay is paid at the flat rate in force at the time or at 90% of the employee’s average weekly earnings where this figure is less than the flat rate.

• Can employees take paternity leave as well as shared parental leave? 

4. Shared parental leave

Shared parental leave is available to mothers and fathers (or the mother’s partner) and to adopters and their partners.

It enables mothers or adopters to bring their maternity or adoption leave and pay to an end and choose to take shared parental leave and pay with their partners.

Up to 50 weeks’ shared parental leave can be shared between them.

To qualify for the leave, both the mother or adopter and his or her partner must meet various eligibility requirements.

They must also comply with the relevant curtailment, notice and evidence requirements.

All shared parental leave must be taken within the first 52 weeks following the child’s birth or placement for adoption.

Up to 37 weeks’ statutory shared parental pay is available for the individuals to share between them, provided they are eligible to receive it.

• Can both parents take shared parental leave at the same time?

5. Ordinary parental leave

Ordinary parental leave is available to any employee who is the birth or adoptive parent of a child under the age of 18.

The leave gives the employee the right to take up to 18 weeks’ leave to care for the child at any time up to the child’s 18th birthday.

To qualify for ordinary parental leave, an employee needs to have a minimum period of service with his or her employer.

Ordinary parental leave is unpaid.

• Can both parents of a child take ordinary parental leave?