Thomas Duggins, Trainee Solicitor
AN OVERVIEW OF THE STATUTORY RIGHTS OF PARENTS IN THE UK
There were almost 670,000 children born in the UK in 2006, the vast majority of which were born into families with at least one parent in full time employment. Increased opportunities for women to return to their career after birth means that it is now common for both parents to be in full time employment by the time of the child’s first birthday - the employment rate for married and cohabiting mothers in 2006 was 71.4%.
Whilst mothers remain the principal carers, recent years have seen an increase in the number of fathers who play an active role in the raising of their children. The advent of the ‘have it all’ generation of women – career, child, marriage – has ironically sparked an interest amongst fathers to strike a more healthy balance between working life and involvement with their children.
Recent developments in employment legislation reflect the changing nature of parent’s roles in the family and the increased desire of both mothers and fathers to be a good parent whilst maintaining a successful career. The below summary offers readers a guide to their entitlements at the time of the child’s birth and early years.
Mother's Employment Rights
Maternity Leave
All women in employment are entitled to up to 52 weeks maternity leave. It is for the mother to chose when the maternity leave starts, which may be at any time from 11 weeks before the expected birth date onwards.
Expectant mothers must inform employers no later than 15 weeks before the baby is due that they are pregnant, the expected date of arrival and when they would like maternity leave to start.
Maternity pay
In order to qualify for Statutory Maternity Pay (SMP) a mother must be employed by her current employer at 15 weeks before the baby is due and have been employed by them for 26 weeks before this date. She must also earn on average £87.00 per week.
Expectant mothers are entitled to choose the date at which SMP will start, which can be any time from 11 weeks before birth onwards. SMP is then payable for 39 weeks.
For the first 6 weeks of maternity leave SMP is set at 90% of the mother’s average earnings. The remaining 33 weeks of SMP is set at either 90% of the mother’s average earnings, or the statutory rate of £112.75, whichever is lower.
It should be noted that if the full 52 weeks maternity leave is taken, there is no statutory obligation for the employer to pay new mothers for the final 13 weeks of this period.
Maternity Allowance
If mothers do not fulfil the criteria for SMP or are self-employed, they may be entitled to a weekly Maternity Allowance (MA).
In order to qualify for MA the mother must not be eligible for SMP and in the 66 weeks before the baby is due have been employed or self-employed for at least 26 weeks and earned at least £30.00 per week.
If the above criteria are satisfied, new mothers are entitled to 39 weeks MA. The current MA rate is £112.75 per week or 90% of average weekly earnings, whichever is lower.
Father's Employment Rights
Paid
paternity leave
All men in employment are entitled to two weeks paid leave to care for their child or support the mother following birth. In order to qualify they must be the biological father of the baby or the mother’s husband or partner. In addition, they must have worked continuously for the same employer 41 weeks before the date of the child’s birth.
Expectant fathers must inform their employers that they intend to take paternity leave 15 weeks before the baby is due, or as soon as is reasonably practical if this is not possible.
In order to qualify for Statutory Paternity Pay (SPP) a father must earn at least £87.00 a week. Statutory Paternity Pay (SPP) is currently set at £112.75 or 90% of average weekly earnings, whichever is lower.
Rights Common to Both Parents
Flexible working hours
Parents with a child under the age of six have the right to ask their employers for flexible working hours. Whilst the employer must consider your request, there is no obligation to agree to it.
Parental leave
Parents with a child under five years old have the right to take 13 weeks leave to look after them. In order to qualify, you must have worked for your employer for a period of over one year. There is no statutory obligation for your employer to pay you in this period.
For further information contact a member of the family law team or call 020 7940 4000.
