Flexible parental leave to give mothers ‘real choice’

Nick Clegg, the Deputy Prime Minister, has announced that, from 2015, the UK will have a new system of flexible parental leave.

Outlining a new system of “flexible parental leave”, Mr Clegg confirmed that 12 months’ leave, with no more than nine months at guaranteed pay rates, could be split between a mother and father. All workers will be given the right to request flexible working arrangements from 2014.

The Government’s Modern Workplaces response on flexible parental leave confirms the following:

• 52 weeks of maternity leave will remain the default position for all employed women and a new mother will be able to trigger flexible leave at any point after the first two week’ recover period

• fathers will remain entitled to two weeks’ paternity leave and pay (to be reviewed in 2018)

• if the mother returns to work before the end of the 52-week period, up to 50 weeks of untaken maternity leave can be taken as flexible parental leave, to be shared between the parents. If the mother notifies in advance that she will return early then the balance of the leave may be taken by the parents in turns, in different blocks or at the same time.

• each parent will need to meet the qualifying criteria for leave and/or pay in their own right

• a new right will be created allowing men to take unpaid leave to attend two ante-natal appointments

• parents who adopt will be eligible for the new flexible parental leave on equal terms with biological parents, ending discrepancies which mean, among other things, adopters are financially worse off

• unpaid parental leave will increase in March 2013 from 13 to 18 weeks in order to comply with the revised EU Parental Leave Directive (No. 2010/18), and

• the age limit on parental leave will increase from 5 years to 18 years in 2015, providing each parent with the right to up to 18 weeks’ unpaid parental leave for each child under 18.

If you have an employment law query or would like further information on flexible working or maternity leave, then please contact our employment law solicitors today on 0207 956 8699 or info@rllaw.co.uk.