What are your obligations as an employer regarding maternity, paternity, parental and family leave rights?
UK law provides rights and protections for employees with parental responsibilities. These include rights to time off (some of it paid), protection against discrimination and the ability to request flexible working arrangements.
Some of the key parental rights in the workplace include:
- maternity leave and pay, eligible employees are entitled to up to 52-weeks maternity leave and 39-weeks Statutory Maternity Pay as well as enhanced protection in terms of discrimination, unfair dismissal and redundancy
- paternity leave and pay, eligible employees are entitled to up to 2-weeks of paternity leave paid at the lower of the statutory rate or 90% of their standard weekly income;
- adoption leave and pay, eligbile employees are entitled to up to 52 weeks of adoption leave and 39 weeks of Statutory Adoption Pay as well as enhanced protection in terms of unfair dismissal and redundancy;
- shared parental leave, eligible employees are entitled to share 50-weeks of leave and 37-weeks of pay (at the lower of the statutory rate or 90% of the employee’s weekly pay) in the child’s first year of life/ adoption.
- dependants’ leave, eligible employees are entitled to take “reasonable” time off to deal with emergency situations;
- carers’ leave, eligible employees can take up to 1-week of unpaid leave per annum to care for a dependant with a long-term health condition; and
- parental bereavement leave, eligible employees can take up to 2-weeks leave following the death of a child under 18 or a still birth after 24-weeks of pregnancy.
- flexible working – eligible employees have a statutory right to make a flexible working application to adjust their work schedule.
Things for employees to consider
Employers need to ensure that they are fully aware of the obligations they owe to their employees and that their employees are similarly aware of their obligations towards their employers. The starting point is ensuring that employment contracts, policies and procedures are in place, and that they are regularly monitored and kept up to date.
In our experience the types of issues usually experienced by employers are as follows; how best to deal with changes which occur during an employees’ maternity leave which could lead to a genuine redundancy; requests for changes in working practices and managing the workforce with a part time workers. If these matters are not properly handled, they can lead to grievances and even tribunal claims.
What does a maternity, paternity, parental and family leave rights solicitor do
At B P Collins, our experienced team of employment solicitors can;
- Draft contracts of employment, handbooks containing policies and procedures dealing with parental rights.
- Advise on your obligations regarding maternity, paternity, parental and family leave and pay;
- Negotiate with your employees to resolve disputes informally where possible;
- Defend tribunal claims if it is not possible to resolve disputes informally.
We’re here to give you clarity, confidence and strong legal support every step of the way.
Why choose B P Collins as your parental rights solicitors?
With 50+ years of experience and extensive knowledge, we’re consistently ranked in legal directories such as Chambers UK and The Legal 500, for the strength of our employment practice.
Price and service transparency
We pride ourselves on achieving the best possible and most cost effective outcomes for our clients, be that through pursuing a strike out of some or all of a claim or defence or negotiating an appropriate settlement.
View our price and service transparency here.
Contact our parental and family solicitors today
For further information or advice on maternity, paternity, parental and family leave rights please contact our experienced lawyers, who are based in London, Ickenham, Thame and Gerrards Cross, on 01753 889995 or enquiries@bpcollins.co.uk.
