Right to apply to work flexibly
Parents of children aged under six, or Parents of disabled
children aged under 18, have the right to apply to work flexibly.
Their employers have a duty to consider such requests seriously.
Right to paid paternity leave
Eligible employees can take up to two weeks paid leave to
care for their new baby and support the mother. Employees
must satisfy the following conditions in order to qualify
for paternity leave. They must have or expect to have responsibility
for the child's upbringing, be the biological father of the
child or the mother's husband or partner, and have worked
continuously for their employer for 26 weeks ending with the
15th week before the baby is due.
Eligible employees can choose to take either one week or two
consecutive weeks' paternity leave (not odd days).
They can choose to start their leave:
from
the date of the child's birth (whether this is earlier
or later than expected), or
from
a chosen number of days or weeks after the date of the
child's birth (whether this is earlier or later than expected),
or
from
a chosen date later than the first day of the week in
which the baby is expected to be born.
Leave can
start on any day of the week on or following the child's birth
but must be completed:
within
56 days of the actual date of birth of the child, or
if
the child is born early, within the period from the actual
date of birth up to 56 days after the first day of the
expected week of birth.
Only one
period of leave is available to employees irrespective of
whether more than one child is born as the result of the same
pregnancy.
Statutory Paternity Pay
During their paternity leave, most employees are entitled
to Statutory Paternity Pay (SPP) from their employers.
Statutory Paternity Pay is paid by employers for either one
or two consecutive weeks as the employee has chosen. The rate
of Statutory Paternity Pay is the same as the standard rate
of Statutory Maternity Pay - from April 2005, this is £106
a week or 90% of average weekly earnings if this is less than
£106.
Employees who have average weekly earnings below the Lower
Earnings Limit for National Insurance purposes (£82
a week from April 2005) do not qualify for SPP. Employees
who do not qualify for SPP, or who are normally low-paid,
may be able to get Income Support while on paternity leave.
Additional financial support may be available through Housing
Benefit, Council Tax Benefit, Tax Credits or a Sure Start
Maternity Grant. Further information is available from your
local Jobcentre Plus office or Social Security office.
Notice of intention to take paternity leave
Employees must inform their employers of their intention to
take paternity leave by the end of the fifteenth week before
the baby is expected, unless this is not reasonably practicable.
They must tell their employers:
the
week the baby is due
whether
they wish to take one or two weeks' leave
when
they want their leave to start.
Employees
can change their mind about the date on which they want their
leave to start providing they tell their employer at least
28 days in advance (unless this is not reasonably practicable).
Employees must tell their employers the date they expect any
payments of SPP to start at least 28 days in advance, unless
this is not reasonably practicable.
Contractual benefits
Employees are entitled to the benefit of their normal terms
and conditions of employment, except for terms relating to
wages or salary (unless their contract of employment provides
otherwise), throughout their paternity leave. However, most
employees will be entitled to SPP for this period. If the
employee has a contractual right to paternity leave as well
as the statutory right, he may take advantage of whichever
is the more favourable. Any paternity pay to which he has
a contractual right reduces the amount of SPP to which he
is entitled.
Return to work after paternity leave
Employees are entitled to return to the same job following
paternity leave.
Protection from detriment and dismissal
Employees are protected from suffering unfair treatment or
dismissal for taking, or seeking to take, paternity leave.
Employees who believe they have been treated unfairly can
complain to an employment tribunal.
Care for Dependants
All employees are also entitled to take a reasonable amount
of (unpaid) time off work to deal with an emergency or unexpected
situation involving a dependant.
Rights to parental leave and time off for dependants
Employees - both mothers and fathers - who have completed
one year's service with their employers are entitled to 13
weeks' (unpaid) parental leave to care for their child. Parental
leave can usually be taken up to 5 years from the date of
birth or in cases of adoption five years from the date of
placement (or the child's 18th birthday, if that is sooner).
Other
aspects of UK employment law for employees include:
Landau
Zeffertt Weir Solicitors