4. Support for parents-to-be and parents

From 5 April 2015, the Children and Families Act 2014 (CFA 2014) allows a woman to end her maternity leave early and convert the remainder of the leave into Shared Parental Leave (SPL), which either parent can take (see below).

The Act also brings adoption leave and pay entitlements in line with the amount of leave and pay available to birth parents. From this date, adopting parents are entitled to new rights including entitlement to adoption leave from day one of their employment, abolishing the 26 weeks’ service requirement. Those taking adoption leave are entitled to 90% of full pay for the first six weeks (rather than a flat rate) and adopting parents also have the right to paid time off during working hours to attend introductory appointments.

Also from 5 April 2015, intended parents involved in a surrogacy arrangement who intend to apply for a “parental order” and those parents who wish to “foster to adopt” also qualify for adoption leave and pay and to shared parental leave.

From 1 October 2014 parents are allowed time off to attend antenatal appointments under the CFA 2014. This extends to those involved in a surrogacy arrangement and intending to adopt.

The aim of the shared parental leave reforms is to introduce greater flexibility for working parents and to encourage fathers to be more involved with their children right from their early life. The rules give a woman the right to take her full 52 weeks of maternity leave. Only if she decides to give up that right and to share her leave will the new rules on shared parental leave kick in.

The key features of the new rules are as follows:

• a woman must take the first two weeks’ compulsory maternity leave following birth. She can choose whether to share the balance of her leave;

• a woman who wants to opt into shared parental leave must give at least eight weeks’ binding notice to bring her maternity leave to an end. That notice can be given at any stage, including before the birth. However, to allow her to change her mind after the birth, there will be a window of up to six weeks after the birth to withdraw the notice;

• at the same time as giving notice of their eligibility and intention to take shared parental leave, parents are expected to provide a non-binding indication of their intended leave pattern;

• in addition, employees must give eight weeks’ notice of their intention to take specific periods of leave;

• the number of requests for shared parental leave (or changes to leave) is capped at three. However, this does not prevent voluntary arrangements agreed with the employer;

• employers are given some ability under the rules to veto the proposed pattern of leave and to insist on it being in one continuous block;

• each parent can work 20 “KIT-style” (“keep-in-touch”) days, in addition to the 10 days available to a woman on maternity leave, to keep in touch with the workplace;

• parents can both take the leave at the same time if they want to;

• parents can take shared parental leave until the child’s first birthday; and

• the right to return to the same job is only available where the total amount of leave taken by that employee, even if taken in discontinuous chunks, adds up to 26 weeks or less.

However, the TUC has warned that unless the leave is backed up with better pay, many couples will be unable to take advantage of the new rights. The government’s own estimates show that just one in 20 fathers will be able to afford to take shared parental leave if it is paid at the current statutory rate. A TUC analysis of take-up rates for Additional Paternity Pay (APP), showed that just one in 172 fathers (1,650 fathers across the whole of the UK) took Additional Paternity Leave in 2012-13, an incredibly low rate which the TUC blames squarely on lack of pay.

As with other employment rights, these rights will only be able to be enforced in the employment tribunal on payment of the relevant fee or remission (see page 44).

Benefits available to help parents and guardians raise their children include:

• Statutory Maternity Leave and Pay (see pages 57-58) and Maternity Allowance (see page 59);

• Sure Start Maternity Grant (see page 60);

• Shared Parental Leave and Pay (see page 61);}

• Statutory Paternity Leave and Pay (see page 63);

• Statutory Adoption Leave and Pay and Surrogacy Leave (see page 63);

• Child Benefit and Guardian’s Allowance (see pages 64-65).

There is also a system of Tax Credits which can provide further support.