Right to ante-natal appointments

The Children and Families Act 2014 introduces a new system of shared parental leave and extends the right to request flexible working. The Act conveys rights for fathers who are in a “qualifying relationship” so that they can receive unpaid time off to attend up to 2 ante-natal appointments.

The father must either be:
• the baby’s father
• the pregnant woman’s husband or civil partner
• a partner (of either sex) in an enduring relationship
• an intended parent of a child in a surrogacy arrangement where specified conditions are met

A maximum of 6.5 hours is permitted for each appointment. This right will apply to all employees and qualifying agency workers. No minimum period of service is required.

Employees will be protected from dismissal and detriment as a result of exercising their right to time off. However, an employer can still refuse to grant time off where it is “reasonable” to do so. Unfortunately “reasonable” is not defined in the legislation and there is no case law yet to provide guidance. Employers must therefore ensure that they put in place a clear policy for dealing with requests for time off.

The Department of Business, Innovation and Skills has issued guidance for employers which can be found here.

For further information on shared parental leave or any employment law matter, please contact us on 0207 956 8699 or info@rllaw.co.uk.