The Government has published the Children and Families Bill, which include proposals on shared parental leave and pay and extending the right to request flexible working to all employees.
Under shared parental leave:
• Employed mothers will still be entitled to 52 weeks of maternity leave as a day one right.
• Mothers can choose to end their maternity leave after the initial two-week recovery period; working parents can then decide how they want to share the remaining leave.
• Fathers in a qualifying relationship with a pregnant woman or her expected child, will gain a new right to take unpaid leave to attend two antenatal appointments made on the advice of a registered medical practitioner, midwife or nurse.
• There will be new statutory payment for parents on shared parental leave with the same qualifying requirements that currently apply to statutory maternity and paternity pay.
• Those who have adopted a child will be entitled to the same pay and leave as birth parents.
Under the flexible working extension:
• The right to request flexible working will be extended to all employees with 26 weeks’ serviceat the date the request is made.
• The current statutory procedure for considering flexible working requests will be abolished.
• Employers will be under a duty to deal with applications for flexible working 'in a reasonable manner' and to notify the employee of its decision within three months of the employee's application unless a longer period is agreed.
• Acas will produce a statutory Code of Practice to explain what the requirements for considering a request in a reasonable manner.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
