employment an introduction to Family Friendly Rights
This is a summary of the family friendly statutory employment rights for employees who are birth parents. The rules for adoptive parents are slightly different; Howard Kennedy can provide details on request. For notice periods marked*, where it is not reasonably practicable for an employee to provide notice at the times set out (e.g. where the mother does not realise she is pregnant on those dates) notice must be given as soon as is reasonably practicable.
Statutory Maternity Leave
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What?
Up to 52 weeks’ leave. The first two weeks after birth (or four weeks for factory workers) are compulsory maternity leave.
When?
From the 11th week before the expected week of childbirth (EWC).
Who?
Day one right for all pregnant employees.
Notice?
*By no later than the 15th week before the EWC.
Additional?
An employee on maternity leave can work up to ten keeping in touch days (KIT days).
Statutory Maternity Pay What?
Up to 39 weeks’ pay. For the first six weeks – at 90% of normal weekly earnings (for monthly paid employees based on the two monthly payslips before the end of the qualifying week (the 15th week before the EWC)). For the following 33 weeks (or until employees return to work) the statutory rate** or 90% of normal weekly earnings, whichever is lower.
When?
Normally at the same time as statutory maternity leave.
Who and Requirements?
Employees:
Notice?
•
continuously employed for at least 26 weeks by the end of the qualifying week (see above);
•
with normal weekly earnings in the eight weeks up to and including the qualifying week at least equal to the lower earnings limit for national insurance purposes**;
•
still pregnant or have already given birth 11 weeks before the start of the EWC; and
•
who provide a certificate (normally MAT B1) from a midwife/ doctor confirming the EWC.
*28 days’ notice.
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Paternity Leave What and when?
One or two weeks’ consecutive leave to be taken in weekly blocks within 56 days (eight weeks) after the child’s birth.
Who?
Employees who are: •
the biological father of the child and expect to have responsibility for the child; or
•
the mother’s spouse or civil partner or someone (whether of a different sex or the same sex) who lives with the mother and the child in an enduring family relationship but is not the mother’s relative (e.g. parent, grandparent, sibling, aunt or uncle) and expects to have the main responsibility for the care of the child (apart from the mother)
(“Partner”) and are taking paternity leave in order to care for the child or support the mother. Requirements?
Employees continuously employed for at least 26 weeks by the end of the qualifying week (the 15th week before the EWC).
Notice?
*By no later than the 15th week before the EWC.
Paternity Pay
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What?
One or two weeks’ pay at the statutory rate**.
When?
Normally at the same time as paternity leave.
Requirements?
As for paternity leave, plus normal weekly earnings in the eight weeks up to and including the qualifying week (see above) must be at least equal to the lower earnings limit for national insurance purposes**.
Notice?
*28 days’ notice.
Shared Parental Leave What?
Default: Statutory maternity leave and statutory maternity pay. Optional: The mother can return to work without using her full entitlement(s) above or curtail (or commit to curtail at some future point) those rights and take the balance as shared parental leave and shared parental pay with her Partner (see Paternity Leave). She and her Partner would then be able to: --
Share between them up to 50 weeks’ shared parental leave. The amount of leave available depends on how much statutory maternity leave, statutory maternity pay or maternity allowance has been taken by the mother. For the mother, the first two weeks (or four weeks for factory workers) after birth are compulsory maternity leave. The maximum number of weeks that the birth parents can take of statutory maternity leave and shared parental leave is 52 weeks’ leave in total per couple.
--
Take shared parental leave at the same time or consecutively.
--
Take up to 3 discontinuous periods of shared parental leave (where they return to work between periods of leave) or more periods of leave with agreement of their employer.
When?
From birth up until the day before the child’s first birthday.
Who?
The mother and her Partner.
Requirements?
Mothers: •
entitled to statutory maternity leave;
•
continuously employed for at least 26 weeks at the end of the qualifying week (the 15th week before the EWC);
•
employed until the week before any period of shared parental leave;
•
curtail statutory maternity rights or return to work with some balance remaining;
•
opt in to the shared parental leave scheme (which includes providing a declaration and consent from the Partner) and book periods of leave (similar to booking annual leave);
•
main responsibility for the care of the child (apart from the Partner); and
•
her Partner satisfies the “employment and earnings test” (see below) and has main responsibility for the care of the child (apart from the mother).
The employment and earnings test is: employed/self-employed in at least 26 weeks of the 66 weeks before the EWC and earned an average of at least the maternity allowance threshold (currently £30) per week in any 13 of those weeks. 5
Partners: •
continuously employed for at least 26 weeks at the end of the qualifying week (the 15th week before the EWC);
•
employed until the week before any period of shared parental leave;
•
the mother is/was entitled to statutory maternity pay or maternity allowance and has curtailed those rights and her right to maternity leave;
•
opt in to the shared parental leave scheme (which includes providing a declaration and consent from the mother) and book periods of leave (similar to booking annual leave);
•
main responsibility for the care of the child (apart from the mother); and
•
the mother satisfies the “employment and earnings test” and has main responsibility for the care of the child (apart from the Partner).
Notice?
8 weeks’ notice is required to curtail/opt-in and 8 weeks’ notice for booking periods of leave.
Additional?
The mother and Partner can each work up to 20 keeping in touch days (called SPLIT days – shared parental leave in touch days), in addition to any KIT days the mother has taken whilst on maternity leave. Shared parental leave does not have to be shared. It can be taken by only one parent.
Shared Parental Pay
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What?
Up to 37 weeks’ pay at the statutory rate** to be shared between the mother and the Partner. The number of weeks’ pay available to share depends on how much statutory maternity pay or maternity allowance has been taken by the mother. The maximum number of weeks for shared parental pay, statutory maternity pay and maternity allowance is 39 weeks in total per couple.
When?
At the same time as shared parental leave. The parents can decide how many weeks’ shared parental pay each takes and when those weeks are taken.
Requirements?
If the mother is entitled to statutory maternity pay and the Partner is entitled to paternity pay, they will be eligible to claim shared parental pay.
Notice?
8 weeks’ notice.
Additional?
Shared parental pay does not have to be shared. It can be taken by only one parent.
Parental Leave What?
Up to 18 weeks’ unpaid leave per child to enable the parents to care for their child, e.g. to look at schools or spend time with them. Up to 4 weeks’ parental leave can be taken per year. To be taken in weekly blocks except where the child is entitled to disability living allowance.
When?
At any time until the child’s 18th birthday.
Who?
Employees with at least one year’s continuous service who have or expect to have responsibility for the child.
Notice?
At least 21 days’ notice before the intended start date of the leave.
Other family friendly rights include the right to request flexible working and time off for antenatal appointments. IMPORTANT NOTE: Family friendly rights is an extensive area of law. The above is intended to provide an overview only. Full details of the rights, notification requirements, eligibility etc. can be provided by the Howard Kennedy Employment team. **The prescribed statutory rates are revised annually. The rates and limits per week for the 2017/2018 financial year are as follows: £140.98
Statutory Maternity Pay Statutory Paternity Pay
£113
Lower earnings limit for national insurance purposes
For more information, please contact:
Jane Amphlett Partner: Head of Employment T: +44 (0)20 3755 5360 E: jane.amphlett@howardkennedy.com
No.1 London Bridge London SE1 9BG DX 144370 Southwark 4 Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000 www.howardkennedy.com @HowardKennedy_
Karen Mortenson Senior Associate: Employment T: +44 (0)20 3755 5623 E: karen.mortenson@howardkennedy.com