Parental rights at work

Parental rights at work

Many people will be surprised to learn the depth of parental rights at work. We tend to look at each individual set of rights in isolation but, when you take a step back and look from afar, there are probably a lot more than you think.

Whether looking at maternity leave, paternity leave or even shared parental leave, it is important to know your rights. We will now take a look at an array of different parental rights in the workplace.

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What are the specific parental rights at work?

In recent times we have seen updates to various parental rights in the workplace. In a reflection of modern society, those in same-sex relationships now have exactly the same rights as those in opposite-sex relationships. So, whether you’re expecting a child, or you’re a new parent, it is time to make yourself aware of the extra rights now available to you.

While some rights will depend on specific eligibility, you and/or your partner may be entitled to any of the following:-

  • Maternity rights
  • Parental leave/pay
  • Shared parental leave
  • Adoption leave/pay
  • Unpaid time off work for childcare
  • Attending antenatal appointments with your partner

While many employers will go above and beyond their minimum statutory obligations, it is important to be aware of your basic parental rights.

Maternity rights

We have covered the issue of maternity rights in more detail elsewhere on the website. However, these are the rights which you may be entitled to while pregnant in the workplace, and on maternity leave:-

Many people automatically assume that maternity leave and maternity pay are considered under the same conditions. This is not the case. Therefore, if you fall pregnant while in employment it is important to take advice about your maternity rights.

Opening lines of communication with your employer, and knowing your rights as well as your obligations, will help to avoid potential misunderstandings and disputes further down the line.

Breastfeeding in the workplace

Interestingly, when breastfeeding in the workplace, or having given birth within 26 weeks, when you return to work you have the same health and safety protection as when you were pregnant at work. Your employer is legally obliged to carry out a risk assessment of your working conditions and make changes to address specific risks. If your employer fails to fulfil this obligation, they may leave themselves open to legal action.

The issue of breastfeeding in the workplace is more accepted today than it ever has been. You actually have the legal right to breastfeed your child in the workplace. In the modern era, many employers will provide a “mother and baby room” or other private facilities. If your employer tries to stop you breastfeeding, this is classed as discrimination.

Paternity pay and paternity leave

Whether you are the father or the mother’s partner, you may be entitled to take up to 2 weeks of paternity leave. This can be taken as one block of 2 weeks or 2 separate one-week blocks.

Paternity leave and Statutory Paternity Pay have different eligibility rules. Paternity leave is now available from the first day of employment, but Statutory Paternity Pay still depends on meeting service, employment and earnings requirements.

Paternity pay

Being entitled to paternity leave does not automatically mean you will receive Statutory Paternity Pay. To qualify for paternity pay, you must normally meet the service, employment and earnings rules. These include:

  • Having at least 26 weeks’ continuous service with the same employer by the end of the qualifying week
  • Being employed by the same employer at the time of the birth or adoption
  • Earning an average of at least £129 a week

Statutory Paternity Pay is paid at the lower of £194.32 a week or 90% of your average gross weekly pay.

Paternity leave

Paternity leave of up to 2 weeks can usually start:-

  • On the birth of your child
  • On a child’s formal adoption date
  • On another agreed date after the birth or adoption

When it comes to paternity leave, it must be taken within the permitted period after the birth or adoption. The exact timing can depend on whether the leave is taken for birth or adoption, so it is important to give the correct notice and agree the dates with your employer.

How to inform your employer of intended paternity leave

While there are various paternity rights when it comes to childcare, it is also important to recognise your obligations to your employer. Advance notice of paternity leave allows your employer to put in place temporary measures to ensure the smooth running of the business.

As such, you should usually tell your employer by the required notice deadline. For births, this is commonly 15 weeks before the baby is due, although different rules can apply in some cases. For adoption, you normally need to give notice within 7 days of being matched with a child.

When giving notice to your employer you need to let them know:-

  • You are eligible for paternity leave and will be spending time supporting the mother/caring for the child
  • The due date, or when adopting, the date when either the child is matched or placed with you
  • The preferred date on which your paternity leave/pay will start
  • Whether you are taking one block of two weeks or two blocks of one week paternity leave

There is a formal HMRC form for both childbirth and adoption, which you can use to relay this information to your employer. It is also important to note that should you change your preferred paternity leave start and/or finish dates, you need to give your employer at least 28 days’ notice.

Regulations regarding shared parental leave and pay

We live in an era where equality is very much reflected in parental rights at work and the workplace. As a consequence, if you or your partner is expecting a baby, adopting a child, fostering to adopt or using a surrogate, you may be able to share some maternity or adoption leave and pay through Shared Parental Leave and Statutory Shared Parental Pay.

Eligible parents may be able to share up to 50 weeks of leave and up to 37 weeks of pay. This usually depends on how much maternity or adoption leave and pay has already been taken or ended.

The rules depend on both parents’ circumstances, including employment status, earnings, length of employment, caring responsibility and whether the correct notice has been given.

As the eligibility rules can vary depending on what your own circumstances are, it is best to check the current GOV.UK guidance before deciding how to split leave or pay.

Conditions for adoption leave and pay

As adoption has become more commonplace in the UK, so we have seen adjustments in the regulations regarding adoption leave and adoption pay. When it comes to adoption leave:-

  • You may be entitled if you have been matched with a child for adoption/had a child placed with you
  • You must be an employee and your employer is allowed to ask for proof of the adoption
  • Adoption leave only relates to official adoptions through an agency, or overseas adoptions with official notification
  • Private adoptions do not usually qualify for statutory adoption leave or pay
  • For UK based adoptions, there is no minimum duration of employment
  • If it is an overseas adoption, with official notification, you must have at least 26 weeks duration of employment by the end of the week you receive official notification

Either you or your partner is entitled to a maximum 52 weeks adoption leave. The other person may be eligible for either paternity leave or shared parental leave. Same-sex couples have the same adoption leave/pay rights as those in opposite-sex relationships.

Conditions for statutory adoption pay

Statutory Adoption Pay has its own eligibility rules. Generally, you will need to have at least 26 weeks’ employment history with your current employer by the end of the week in which you receive official notification of your adoption.

Statutory adoption remuneration is paid for a maximum of 39 weeks, consisting of:-

  • An initial six weeks at 90% of your average gross weekly wage
  • An additional maximum 33 weeks at the lower of 90% of your average weekly earnings or £194.32 a week

This is the statutory element of adoption pay. You will find that some employers now have additional contractual entitlements written into employment contracts. It is important to be aware of your full parental rights, including adoption rights, before organising your leave.

Informing your employer about your adoption leave

Clear lines of communication with your employer are vital when it comes to the smooth running of adoption leave and adoption pay. When confirming to your employer that you intend to take adoption leave, you must:-

  • Inform them within seven days of your adoption being confirmed (or as soon as possible after this)
  • Inform your employer of your chosen adoption leave start date

Your employer is not allowed to treat you differently as a consequence of adoption leave/adoption pay, as this would be discrimination. It is important to keep your employer in the loop – this ensures that they are able to arrange cover during your time away from work.

Unpaid leave to look after your child

Unpaid parental leave is now available to eligible employees from the first day of employment. This gives employees a legal right to unpaid time away from work to look after their children. As such, you can take up to 18 weeks’ unpaid leave for each child before they turn 18, subject to the usual eligibility and notice rules.

Separately, employees may also be able to take time off for dependants to deal with unexpected emergencies, such as childcare problems.

In reality, many employers are relatively flexible when it comes to unpaid leave to look after your child.

Antenatal appointments with your partner

While many people are aware of the rights of pregnant women to attend antenatal appointments, on full pay, your partner may also be allowed to attend. When it comes to your partner:-

  • You do not need to be married
  • They are entitled to attend up to 2 antenatal appointments
  • They are eligible from day one in their employment (agency workers need to have worked for at least 12 weeks)

The same rights also apply for those seeking a parental order for children born as a consequence of a surrogacy arrangement.

Arranging leave for antenatal appointments as a partner

While partners are eligible to attend one or two antenatal appointment, there is no statutory right to paid leave. However, some employers may allow paid leave for partners as part of their employment contract. Additional conditions include:-

  • You are entitled to take up to 6.5 hours for each appointment, although this can be extended by your employer
  • Your employer may ask for a written declaration confirming the appointment details and your relationship to the pregnant person
  • Your employer cannot ask to see the appointment card

The majority of employers are very flexible and helpful when it comes to maternity, parental and adoption rights. However, it does no harm to be aware of the specific letter of the law!

Protecting your parental rights at work

Parental rights in the workplace have been tightened numerous times in recent years. It is therefore important that you, your partner and your employer are fully aware of your current rights and obligations. Many people now seek professional advice regarding parental rights at work, to ensure they are following the correct procedures.