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BUSINESS PATERNITY LAW
As a result, Lee directs those with questions in this area to
either his website and a section on parental leave options,
or alternatively, the gov.uk website, searching for childcare
and parenting instead. He’s firm in his belief that the area
of entitlements needs more reform: “In part, that means
more time, but really means improving the rate of
statutory pay, as the current flat rate means
that an increasing number of new dads are
struggling to even take two weeks.” To back
his view, he quotes a June 2017 study from
the TUC; it found that one in four men who
became new fathers in 2016 were not
entitled to any paternity leave at all, and
were forced to head back to work within
days – or even hours – of the birth of their
child.
Statutory paternity leave itself is a
relatively recent policy which Lee finds hard
to imagine was only launched in 2003. He thinks that 12
September, National Flexible Working Day, “shouldn’t be
so much a day of celebration; it really should be used as a
chance to simply take stock of the vast change of mindset
that’s still needed by many business owners.”
He says: “I’ve seen and heard from hundreds, if not thousands,
of new dads who all say the same thing – ‘the two
weeks of statutory paternity leave simply weren’t enough’
and it meant that when they returned to work, they were
physically present, but mentally in a totally different place.”
Apart from statutory leave, it’s worth remembering that
employees also have a right, after a qualifying period of 26
weeks of employment, to request flexible working, such as
working from home. However, as Makin highlights:
“Although such requests must be considered, they can be
refused in certain circumstances and might not be suitable
for certain, hands-on roles such as engineering or manufacturing.”
And by the very nature of print, some roles may suit
this form of support, but the majority won’t. Even so, where
a request is made and refused, employers need to demonstrate
good and fair reasons for the denial.
A relatively recent development is shared parental leave
that was introduced as an option in 2015. This leave enables
a mother or adopter to bring their maternity leave to an end
early and transfer any remaining leave and/or pay to the
father.
However, it’s not been a roaring success says Makin.
“Take-up has been slow, but this may be due to a lack of
awareness of the possibility.”
In fact, a February 2018 report on the BBC reckoned that
take-up could indeed be very low. It quoted the Department
for Business which said that some 285,000 couples qualified
(at that time) for shared parental leave, but that only
2% used it – well below the 8% that was predicted for the
new right. It’s for this reason that Makin says that employers
should explain to employees that shared leave is a right
for those who have been in post for least 26 weeks by the
end of the ‘qualifying week’ – the 15th week before the
expected week of childbirth.
A European perspective
Shared parental leave is not unique to the UK. Sweden, for
example, has a very strong record on equal parental leave;
its generous system allows parents to take up to 480 days
off on 80% of their salary to a maximum of 30,000kr
(£2,400) per month for the first 390 days.
The Guardian noted, back in 2015, that when Sweden
became the first country to introduce shared leave in 1974,
there was just 5% take-up. But ‘daddy quotas’ – time off specifically
allocated to fathers on a ‘use it or lose it’ basis and
Printweek April & May 2020
the salary allowance – means that around 85% of men now
take some time off.
But leave isn’t standard around Europe, says Lee. He
points out that Switzerland offers just one day of statutory
paternity leave and pay; Italy requires two days of compulsory
leave on full pay with 10 months of voluntary shared
leave on 30% of salary for six months (none thereafter); the
Danes get 14 days on full pay and 224 days shared between
either parent, fully paid; Iceland offers 120
days of paternity leave paid at 80% of normal
norearnings
salary; Hungary grants one week
paid (at least 66% of previous earnings);
Slovenia gives seven weeks in total, split
equally between at least 66% of previous
earnings and a flat rate/low paid of less
than 66% of previous earnings; and Norway
gives 70 days on full pay, either 26 weeks on full pay or
36 weeks on 80% pay.
But spare a thought for those not in normal employment.
As Lee highlights: “The outlook for the self-employed and
gig economy workers is far grimmer. In many countries,
freelancers are not entitled to any statutory paternity pay or
leave at all.”
Firms can help new fathers to support their family
While time out of a business, or any organisation for that
matter, for whatever reason, isn’t necessarily going to cause
harm, it’s not going to help. This makes it even more important
for employers to proactively think about the process of
helping new parents. Makin thinks that above all else, one
of the most important things – both operationally and from
an employee relations stance – “is regularly checking in
with new parents to ask how they are, from a pastoral care
perspective. Having a new addition to the family is often a
massive change”.
New fathers who feel they are
‘understood’ by their employers will
often return to work as more engaged,
positive employees” Arwen Makin ESP Law
She’s seen first-hand that fathers can often be overlooked
in this respect, “but understanding that there is always a
period of adjustment – and sleep deprivation – during the
early days can be helpful from an employee wellbeing
perspective”.
Another solution, as a way of making things easier for
new parents, could be for employers to consider offering a
temporary reduction in hours – salary pro-rata – alongside
flexible start and finishing times to help with school dropoff
and pick-up of older children, for example. Again,
employers must be consistent in the application of this to
avoid discrimination claims.
It is pleasing for Makin that employers do seem to understand
and recognise they need to have a shared parental
leave policy. Implementing one means clearing statutory
hurdles such as the various statutory notices that can be
difficult to navigate. But as she says: “Speaking to an
employment law specialist for assistance can help to ensure
that everything is done correctly.”
Something else not to be forgotten should be that while
some employers offer an enhanced maternity policy to new
mothers or primary caregivers, “recent case law,” says
Makin, “has decided those same enhancements do not
need to apply to shared parental leave” – although that
could potentially be appealed further through the courts.
Her advice to those employers in this situation – who