In this article, Liz Atkins looks at the current position in respect of maternity and parental rights including parental leave, adoption, maternity and flexible working.

The Employment Bill 2001 seeks to amend the Employment Rights Act 1996 to give effect to a number of the Government’s family friendly policies. These policies relate to:-

• Parental leave;
• Adoption leave; 
• Maternity leave;
• Flexible working.

Paternity Leave

The Employment Bill aims to provide a new statutory right to paternity leave. At present, the Secretary of State has a right to make regulations introducing the right to paid paternity leave. It is anticipated that this right will be available to all those individuals whose partner has an expected week of child birth which commences on or after 6 April 2003. The provisions will state that:-

• The purpose of the leave must be to care for the child and/or support the child’s mother.
• The individual must be entitled to at least 2 week’s leave.
• This leave must be taken before the end of 56 days, beginning with the date on which the child was born.

The regulations are yet to specify a qualifying length of employment, the degree of affinity that the applicant has with the child and the relationship of the applicant with the child’s mother. It is hoped that the above provisions will also be introduced in respect of adoption.

The regulations will also protect an employee’s job or right to comparable alternative employment, seniority and pension rights in the absence from work. It is also anticipated that the regulations may, and probably will, provide that dismissal for paternity leave will automatically be unfair. The Employment Bill will also amend the Social Security Contributions and Benefits Act 1992 in that individuals shall be entitled to Statutory Paternity Pay (“SPP”) which, at the moment, is calculated to be £100 per week or 90% of the average weekly earnings, whichever is less. SPP is to be reimbursed to the employer.