The document provides an overview of family friendly rights in the UK, including maternity rights, adoption rights, paternity rights, shared parental leave and pay, and other provisions like time off for dependents. It discusses key entitlements under each area, tricky issues that can arise, and tips for drafting policies on family friendly rights.

1. Collingwood Legal is authorised and regulated by the SRA
Family Friendly Rights
Sarah Fitzpatrick
Partner
DD: 0191 282 2888
Sarah.fitzpatrick@collingwoodlegal.com
Jane Sinnamon
Associate Solicitor
DD: 0191 282 2884
Jane.sinnamon@collingwoodlegal.com
23 March 2017
The information contained in this presentation is for information
purposes only. It is not intended to constitute legal or other
professional advice, and should not be relied on or treated as a
substitute for specific advice relevant to particular circumstances.
Collingwood Legal accepts no responsibility for any loss which may
arise from reliance on materials contained in this presentation.

2. Collingwood Legal is authorised and regulated by the SRA
• Overview of the law and tricky issues which arise in
relation to:
• Maternity
• Adoption
• Paternity
• Shared Parental Leave and pay
• Time off for dependents and Parental Leave
• Policy preparation – top tips
Family Friendly Provisions

3. Collingwood Legal is authorised and regulated by the SRA
Maternity

4. Collingwood Legal is authorised and regulated by the SRA
• Protected from time she becomes pregnant until end of
maternity leave from dismissal, detriment or discrimination by
reason of pregnancy or maternity
• During pregnancy - Time off for antenatal appointments
• During pregnancy and while breastfeeding - Health and safety
protection
Maternity - Key Rights and Protection

5. Collingwood Legal is authorised and regulated by the SRA
• Up to 52 weeks' maternity leave
 Ordinary maternity leave – 26 weeks
 Additional maternity leave – 26 weeks
• Must follow notification process
• The right to return to the same job if takes OML and similar job
if take AML
• Up to 10 paid KIT days
• Priority for alternative employment in redundancy cases
• The right to request flexible working on return to work
Maternity - Key Rights and Protection

6. Collingwood Legal is authorised and regulated by the SRA
• An employee will be entitled to Statutory Maternity Pay (SMP)
where she has both:
 26 weeks' continuous employment with the employer up to
and including the 15th week before the EWC; and
 Average earnings of at least the lower earnings limit for
National Insurance during the 8 week period ending with
the 15th week before EWC (£112 per week)
• Contractual Maternity Pay
Maternity Pay

7. Collingwood Legal is authorised and regulated by the SRA
• Statutory maternity pay (SMP) for up to 39 weeks
• 6 weeks at 90% of full pay (earnings related rate)
• 33 weeks at £139.58 currently (from 6 April 2017 it will be
£140.98) or the earnings related rate (whatever is lower)
• All benefits (other than remuneration) continue
• Pay for any KIT days worked
• No right to receive sick pay (as deemed "remuneration”)
Maternity Pay

8. Collingwood Legal is authorised and regulated by the SRA
• Woman must be offered any ‘suitable alternative vacancy’
Regulation 10 Maternity and Parental Leave Regulations
 The work to be done is both suitable and appropriate for
the employee to do in the circumstances
 The capacity and place in which she is to be employed,
and the other terms and conditions of her employment, are
not substantially less favourable to her than if she had
continued to be employed in her old job
Tricky issues - Maternity and Redundancy

9. Collingwood Legal is authorised and regulated by the SRA
• Automatically unfair to dismiss a woman (at any time) or to
select her for redundancy when the reason (or principal
reason) for the dismissal (or selection for redundancy) is
connected to her pregnancy or statutory maternity leave
• Automatically unfair to dismiss or select for redundancy
during OML or AML for a reason connected to the fact that
the employee has given birth
• Pregnancy and maternity discrimination in such situations
Tricky issues - Maternity and Redundancy

10. Collingwood Legal is authorised and regulated by the SRA
• If a woman takes maternity leave, is she entitled to receive a
bonus that would otherwise have been payable had she not
taken maternity leave?
• Statute and case law – broad guidance is
• Check contractual position
• Check past practice
• Likely that if it is retroactive pay for work done during
bonus period the employee is entitled to pro-rated bonus
for period she was at work
Tricky issues - Maternity and Bonus

11. Collingwood Legal is authorised and regulated by the SRA
• Can do up to 10 KIT days without losing entitlement to SMP
or bringing maternity leave to an end
• Payment levels not prescribed by statute but NMW will
apply, usual practice is to pay at full pay
• If receive pay for KIT day can be offset against statutory
maternity pay
Tricky issues - Maternity and KIT days

12. Collingwood Legal is authorised and regulated by the SRA
Adoption

13. Collingwood Legal is authorised and regulated by the SRA
• Statutory Adoption Leave (SAL) and Statutory Adoption Pay
(SAP) available to those matched for adoption, foster parents
approved for adoption and parents of surrogate child
• Rights similar to Maternity entitlement:
 Up to 52 weeks SAL
 SAP for up to 39 weeks
 Return to same job after OAL and similar job if AAL
 Protection from detriment or dismissal relating to SAL
 Priority to be offered suitable alternative employment in
redundancy
Adoption

14. Collingwood Legal is authorised and regulated by the SRA
Paternity Rights

15. Collingwood Legal is authorised and regulated by the SRA
• If employee is child’s caregiver, parent or partner/spouse of mother
and continuously employed for a period of not less than 26 weeks
ending with the week immediately prior to the 15th week before the
EWC entitled to 2 weeks paternity leave to be taken within 56 days
of birth or adoption
• Follow notification process
• Paternity Pay is payable at the statutory weekly rate of £139.58
increasing in April 2017
• Paternity Pay same as SMP or 90% of average weekly earnings
(whichever is lower) if employee earns over NIC threshold
Paternity - Key rights and protection

16. Collingwood Legal is authorised and regulated by the SRA
• Return to same job
• Not be subjected to a detriment as a result of taking Paternity
Leave
• New right: Time off unpaid for up to 2 Antenatal
Appointments
Paternity – Key rights and protection

17. Collingwood Legal is authorised and regulated by the SRA
Shared Parental Leave

18. Collingwood Legal is authorised and regulated by the SRA
• Time off to care for a child in the first year
• 2 weeks’ compulsory maternity leave
• Applies to the remaining 50 weeks’ leave
• Mother must first serve notice to curtail maternity leave or
adoption leave before SPL can be taken
• Eligibility requirements similar to Statutory Maternity Leave
What is SPL?

19. Collingwood Legal is authorised and regulated by the SRA
• Employee taking SPL is entitled to protection from detriment or
dismissal for taking SPL
• Additional redundancy protection (as per SML)
• Right to return to same job if less than 26 weeks statutory leave
or similar job if more than 26 weeks
• Up to 20 SPLIT paid days
SPL – Key rights and protection

20. Collingwood Legal is authorised and regulated by the SRA
• Continuous block or multiple discontinuous blocks
• Up to 3 blocks of leave for each parent
• Separately or at the same time
• Blocks of at least 1 week
• Leave available to eligible employees only:
• Continuity of employment test
• Employment earnings
SPL - Block of Leave

21. Collingwood Legal is authorised and regulated by the SRA
To qualify for SPL a mother must: A parent intending to take SPL must:
• Have a partner
• Be entitled to either maternity
/adoption leave or to statutory
maternity/adoption pay or maternity
allowance
• Have curtailed, or given notice to
reduce, their maternity/adoption leave,
or their pay/allowance (if not eligible
for maternity/adoption leave)
• Be an employee
• Share the primary responsibility for
the child with the other parent at the
time of the birth or placement for
adoption
• Have properly notified their employer
of their entitlement and have provided
the necessary declaration and evidence
Eligibility to SPL
Who Qualifies for SPL?

22. Collingwood Legal is authorised and regulated by the SRA
• Not if the block is continuous
• If block is discontinuous options are:
Suggesting an alternative, rejecting the application or not
replying
If no agreement regarding discontinuous leave after 14
days SPL will default to a continuous block and employee
can decide to take or withdraw request
Employee can submit variation notices if eight weeks in
advance of leave period
Tricky issues - Can an employer refuse an SPL request?

23. Collingwood Legal is authorised and regulated by the SRA
• Employer can request evidence to support entitlement to SPL
• Copy of child’s birth certificate/adoption documents
• Name and address of the other parent’s employer
Tricky issues – disputing entitlement to SPL

24. Collingwood Legal is authorised and regulated by the SRA
• No - Notice to end maternity or adoption leave is binding
and cannot be withdrawn
• Exceptions
• A notice to vary booked SPL must be given to each
employer
Tricky issues – Can a parent change their mind about SPL?

25. Collingwood Legal is authorised and regulated by the SRA
Shared Parental Pay (ShPP)

26. Collingwood Legal is authorised and regulated by the SRA
• Two weeks’ compulsory maternity leave Maternity pay
• Shared parental pay (ShPP) - up to 37 weeks
• If maternity pay or adoption pay taken ShPP reduced
• Who will receive ShPP?
• ShPP £139.58 or 90% of average weekly earnings (whichever is
lower)
Entitlement to ShPP

27. Collingwood Legal is authorised and regulated by the SRA
Snell v Network Rail
• ShPP policy which saw mothers receive full pay but fathers
only statutory ShPP
• Father awarded £30,000 for indirect sex discrimination
ShPP – Recent Case Law

28. Collingwood Legal is authorised and regulated by the SRA
Other Family Friendly Provisions

29. Collingwood Legal is authorised and regulated by the SRA
• Employees have the right to reasonable unpaid time off to take
necessary action in situations affecting dependants i.e.
 Dependant is ill or injured
 Death of a dependant
 Disruption to care arrangements for a dependant
Time off for dependants

30. Collingwood Legal is authorised and regulated by the SRA
• What is reasonable time off?
• No legal maximum: case law suggests day or two
• No obligation on employee to update employer of when
they expect to return after taking time off
• Is time off sought in compliance with statute?
• Can ask employee to produce evidence of their need to
take time off
• Only if not discriminating or subject to detriment
Tricky issues - Time off for dependants

31. Collingwood Legal is authorised and regulated by the SRA
• After 1 year’s employment each parent is entitled to take up to
18 weeks’ unpaid parental leave per child
• Between child’s birth and 18th birthday
• Purpose must be to care for child
• No more than 4 weeks’ leave per year in week blocks
• Additional protection for parents of disabled children
Parental Leave

32. Collingwood Legal is authorised and regulated by the SRA
Policy drafting – top tips

33. Collingwood Legal is authorised and regulated by the SRA
If following statutory scheme
• Brief policy which gives essential information and makes it
clear the employer follows the statutory schemes as amended
from time to time
• Advise employee where to locate more information: gov.uk
website is a good start
• That’s it!
Policy drafting – top tips

34. Collingwood Legal is authorised and regulated by the SRA
Enhancing the statutory scheme:
• Offer enhanced payment over the statutory minimum
• Offer return to work bonus to encourage employees to come back to
work
• Increased flexibility over start dates
• Extended career break scheme to employees who do not wish to return
immediately after their statutory leave
Policy drafting – top tips

35. Collingwood Legal is authorised and regulated by the SRA
Enhancing the statutory scheme:
• Giving an automatic right to take unpaid parental leave (perhaps
limited to a certain number of weeks) immediately after statutory
leave, subject to giving the appropriate amount of notice
• Automatic right to add any unused paid annual leave entitlement
for the remainder of the year in which the statutory leave started
onto the end of statutory leave, therefore delaying the employee's
expected return date by a corresponding amount
Policy drafting – top tips

36. Collingwood Legal is authorised and regulated by the SRA
If you enhance the statutory minimum consider limitations:
• Stipulating a qualifying period of employment to access contractual scheme
• Providing that employees who return from a period of maternity or other
leave will not qualify for the enhanced scheme again unless they have
completed a further minimum period of service
• Providing that an employee who does not come back to work for a minimum
period (for instance, six months or a year) after statutory leave must repay all
or part of any enhanced contractual maternity/adoption etc pay or any return-
to-work bonus (but note that an employer may not demand repayment of
statutory payments or pension contributions)
Policy drafting – top tips

37. Collingwood Legal is authorised and regulated by the SRA
Family friendly rights - on the horizon

38. Collingwood Legal is authorised and regulated by the SRA
Family friendly rights - on the horizon
• The government proposed extension of SPL to working
grandparents
• The government is planning to consult on pregnancy and
maternity discrimination and one proposal is to extend the
length of time the woman is protected in relation to
redundancy past the end of maternity leave

39. Collingwood Legal is authorised and regulated by the SRA
Questions…

40. Collingwood Legal is authorised and regulated by the SRA