Maternity, Paternity, Adoption and Parental Leave

Over the last couple of years much legislation has been introduced to help employees juggle work and family commitments.

As the various regulatory reguirements continue to change and place an increased ownership on an employer to provide "family friendly" practices, it is important for an employer to both comply with legislation and make sure employees are able to exercise their right to take leave, request flexible working arrangements, and recieve statutory payments and entitlements owing to them.

Leave Entitlements and Payments

Expectant mothers, fathers and adoptive parents have a legal right to time of work, some of which attracts statutory payments - Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay (SMP, SPP and SAP for short).

Employees also have other employment rights (e.g. expectant mothers can work as close to or beyond their Expected Week of Confinement (EWC) provided they are capable of doing their job).

It is therefore important for an employer to understand and communicate to employee's their legal rights and entitlements. Employers should also ensure discrimination does not take place or an employee is not dismissed as a result of them being pregnant, having given birth, or for exercising their right to or taking maternity, paternity or adoption leave.

Our maternity, paternity and adoption documents are aimed at helping employers:

• communicate leave entitlements and early or non return to work details to employees
  
• confirm an entitlement to ante-natal appointments and time-off work
• confirm SMP, SPP and SAP payments and entitlements
  
• understand employment qualifying conditions (e.g. minimum continuous employment period)
• communicate to employees how taking a leave period will affect their pay and benefit entitlements and continuous employment
• keep in touch with an employee during a period of leave
• request an employee to attend work or training during a period of leave
• communicate a employee's right to return to work in the same or a similar role
  

Flexible Working Requests

Many employees have a legal right to request flexible working arrangements (for example, mothers returning to work after maternity leave), which can include a request to work:

• on a part-time basis (by reducing hours or days worked)
  
• different hours (be that compressed hours or an earlier start or later finish)
• on a job share basis
• school term time only
  
• in a different role, department, location or from home

Many employers have also recognised the benefit of employing a diverse workforce and accept flexible working requests from all employees, irrespective of personal circumstances or whether an employee has a legal right to request flexible working or not.

Dealing with Flexible Working Requests and Appeals

We have a number of letters and forms available for purchase and immediate download to help you fulfil your obligations as an employer and understand what you need to do next. Including a flexible working policy, flexible working meeting invitation letter and various flexible working decision outcome letters (for example: agree to a request, decline a request or make a counteroffer).

It is also very important for you to ensure your employees are given the opportunity to appeal any flexible working decision. Our appeal letters and forms include an employee appeal notification form, an employer appeal meeting invitation letter, an appeal agreement letter, an appeal decline letter and an appeal counter-offer letter.

More Information

If you have any questions or need assistance, please contact us.

For more information about flexible working requests and appeals read our flexible working section.