New Rules on Parental Leave

On 4th August the DTI announced their proposals for implementing the new parental leave rights under the Employment Relations Act 1999. There will be:-

•Wholly new rights for natural and adoptive mothers and fathers to take up to 13 weeks unpaid leave to care for their child over the first 5 years of its life.

•Wholly new rights to unpaid leave for workers to cope with family emergencies.

•Changes to existing maternity rights to increase ordinary (paid) maternity leave from 14 to 18 weeks, reduce the qualifying period for (unpaid) maternity absence from 2 years to 1 year, and to simplify the rules on taking and returning from maternity leave.

Draft regulations will be published on 1st September, consultation will close on 4th October and final detailed provisions will be tabled by 15th October 1999 to be effective from 15th December 1999. This is the deadline for implementing the EU's Parental Leave Directive. Outline details of the proposals are as follows.

Parental Leave

The key features of the new legal rights are:-

-apply only for children born after 15th December 1999, children under age 18 adopted after that date are covered;

-available to natural mothers and fathers named on the child's birth certificate, and adoptive mothers and fathers;

-employees must have one year's service to take leave;

-up to 13 weeks leave per parent per child for childcare over the first 5 years of their child's life (in cases of adoption the sooner of the first 5 years after adoption or until age 18);

-minimum 4 weeks notice of taking leave. Notice of double the amount of leave if taking more than 2 weeks at a time;

-employer can postpone leave when business needs make this necessary and it is reasonable, but not for more than 6 months;

-the leave is unpaid but jobs must be kept open and seniority and pension rights must be maintained;

-provided prospective natural or adoptive fathers give at least 3 months notice of the "expected week of childbirth" or adoption date, they will have the right to take leave straight after their child is born or adopted;

-no records need be kept.

The Government is proposing a "Model Scheme" developed in consultation with key bodies like the TUC and CBI which will apply in default of employers adopting their own scheme. This is in the consultation document.

Leave for Family Emergencies

All employees will have the right to a short amount of unpaid time off to deal with family emergencies, in cases of real need. This is fully detailed in the Act itself so there will be no further regulations.

The Government has given the following examples of cases which will be covered:-

•if a dependant falls ill, is injured or assaulted, or gives birth;

•the consequences of the death of a dependant e.g. dealing with the funeral arrangements and attending the funeral;

•dealing with the consequences of a child being involved in a serious incident at school or during school hours;

•where childcare or other arrangements break down.

Changes in Maternity Rights

The DTI propose to make detail changes to the mechanics of the two maternity leaves. Notice giving obligations will be harmonised and a standard "Maternity Leave Plan" form is proposed. Written notice of pregnancy will no longer be legally essential. Sickness at the end of leave will no longer postpone return. Instead, normal sick leave procedures at the woman's workplace will apply. A woman who fails to give proper notice of taking or returning from leave will now be treated as being on unauthorised absence and liable to appropriate disciplinary action, but will not forfeit her rights.

Also, while a woman is on leave, the employer's contractual obligation of trust and confidence and the employee's contractual obligation of good faith will continue.

Consultation Paper

At the time of writing, this is not yet available on the DTI website. However, we will e-mail clients a copy on request.

If you would like a copy, please e-mail Simon Jeffreys, Head of our Employment Group at [email protected].

For further information about parental leave or other employment issues, please contact Simon on:

DDI 0171 367 3421
Fax 0171 367 2000
e-mail [email protected]