Keep it intthe family

A proposed new bill will extend leave for new parents

by David Clifton, one of thePublican.com's legal experts from London solicitors Joelson Wilson​

At the beginning of November a new bill dealing with employment law issues was introduced in the House of Commons. If the bill is passed there will be numerous changes to the existing rights enjoyed by employees.

The new provisions would not become part of our laws for some time, perhaps two years, but staying well informed on such matters may avoid employers being faced with a sudden rush of unexpected claims and may enable employees to plan for the future with their potential rights firmly in mind.

The following are some of the proposed changes.

Maternity Leave​

Every pregnant employee is currently entitled to paid ordinary maternity leave of 18 weeks. If she has completed a year's service by the eleventh week before her child is expected to be born, she will also qualify for an additional 18 weeks unpaid maternity leave.

The bill proposes extending both paid maternity leave and additional unpaid maternity leave to 26 weeks for each, giving a possible maternity leave of up to one year increasing maternity pay to £100 a week or 90 per cent of the woman's weekly wage (whichever is lower).

Paternity Leave​

Paternity leave currently allows an employee 13 weeks unpaid leave for each child, to be taken before the child's fifth birthday, with a limit of four weeks leave per child per year. For a father of three toddlers, this could mean a substantial amount of time absent from work.

To many employers this may seem sufficiently generous but, if the bill's proposals are accepted, with effect from 2003 a qualifying parent would additionally be able to apply for up to two weeks paid leave. The amount of pay would be in line with maternity pay.

Adoption Leave​

Adoption leave is currently the same as paternity leave.

However, if the bill's proposals become law, a qualifying adoptive parent would be entitled to up to 26 weeks paid leave following the placement of the child, with a possible further 26 weeks unpaid leave.

This would be in addition to the existing parental leave of 13 weeks unpaid.

Will an employer be able to recover money paid out?​

These changes may seem demanding upon the employer but there will also be provisions enabling the employer to recover from the Inland Revenue most of the money paid out. However, the changes are likely to cause a headache for employers needing to find replacement staff to work throughout the periods of leave.

Which other proposals would affect everyday working relations?​

The bill recognises that a viable alternative means of dispute resolution is needed in order to encourage both parties to make a valid effort to resolve issues between them without needing to go to the employment tribunal.

Accordingly, the bill proposes to introduce a statutory procedure between employer and employee to resolve certain disputes in the workplace. The level of any award made by the employment tribunal could be increased if it was shown that the official procedure had not been complied with.