employment an introduction to Family Friendly Rights for: Birth Parents whose baby is due on or after 5 April 2015
This is a summary of the family friendly statutory employment rights for employees who are birth parents whose baby is due on or after 5 April 2015. 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 possible after it becomes reasonably practicable.
Statutory Maternity Leave What? Up to 52 weeks’ leave. The first two weeks after birth (or four weeks for factory workers) are compulsory maternity leave. When?
From 11th week before the expected week of childbirth (EWC).
Who?
Day one right for all pregnant employees.
Notice?
*By no later than 15th week before the EWC.
Additional? An employee on maternity leave can work up to ten paid keeping in touch days (KIT days).
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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:
• 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.
Notice? *28 days’ notice.
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Ordinary 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 (i.e. child, parent, grandchild, sibling, aunt, uncle, niece or nephew) and expects to have the main responsibility for the care of the child (apart from the mother) (“Partner”) and are taking ordinary 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 15th week before the EWC.
Ordinary Paternity Pay
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What?
One or two weeks’ pay at the statutory rate**.
When?
Normally at the same time as ordinary paternity leave.
Requirements?
s for ordinary paternity leave, plus normal weekly earnings in the eight A 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 The Shared Parental Leave and Shared Parental Pay system will replace the Additional Paternity Leave and Additional Paternity Pay system, which is being abolished. What?
Default: Statutory maternity leave, statutory maternity pay or maternity allowance.
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 Ordinary Paternity Leave) if they have the main responsibility to the child.s
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 (e.g. similarly to booking annual leave); and
• her Partner satisfies the “employment and earnings test” (see below).
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he employment and earnings/maternity allowance test is: T 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 on any 13 of those weeks.
Partners: • entitled to ordinary paternity leave; • employed until the week before any period of shared parental leave; • the mother is/was entitled to statutory maternity pay or maternity allowance (see above test) and has curtailed those rights and her right to maternity leave; and • opt in to the shared parental leave scheme (which includes providing a declaration and consent from the mother) and book periods of leave (e.g. similarly to booking annual leave).
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.
hared parental leave does not have to be shared. It can be taken by only one S parent.
Shared Parental Pay 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 ordinary 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.
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Parental Leave What? Up to 18 weeks’ unpaid leave per child to enable the parents to look after their child’s welfare, e.g. to look at schools, 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 before 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. We have a separate guide for those with babies due on or before 4 April 2015. **The prescribed statutory rates are revised annually. The rates and limits per week for 2014/2015 and 2015/2016 financial year are as follows: 2014/2015 FY
2015/2016 FY
£138.18 £139.58 Statutory Maternity Pay Ordinary Paternity Pay Additional Paternity Pay £111 £112 Lower earnings limit for national insurance purposes
For more information, please contact:
Louise Gibson Associate: Employment T: +44 (0)20 3755 5467 E: louise.gibson@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
Carolyn Brown Partner: Head of Employment T: +44 (0)20 3755 5390 E: carolyn.brown@howardkennedy.com