Dads at work

The Government has launched a month long awareness campaign called 'Dads at Work' to raise awareness amongst fathers as to their rights at work. The campaign, which commenced on 18 February, was in response to findings that many new fathers were unaware of their legal rights.

Dads are entitled to take two weeks of paternity leave upon the birth or adoption of their child.  The leave is paid at the lesser rate of:

1. £123.06 (rising to £124.88 on 4 April 2010); or
2. 90% of the employee's weekly earnings

Dads are also entitled to request flexible working if they have been employed for a period of 26 weeks.  Employers need to ensure they follow the procedure set out below upon receiving a flexible working request:

1. within 28 days of receiving the request, arrange to meet with the employee to discuss the application. The employee is entitled to be accompanied by a colleague;
2. within 14 days after the date of the meeting, write to the employee with outcome;
3. if the request is rejected, the employee can appeal within 14 days;
4. within 14 days of receiving the appeal, the employer must arrange an appeal meeting.

Fathers many also choose to take parental leave.  They have the right to take:

1. 13 weeks parental leave for each child up until they reach they age of 5; and
2. 13 weeks parental leave for each adopted child until the fifth anniversary of their placement; and
3. 18 weeks for each disabled child receiving disability living allowance up until the child reaches 18 years of age.

Statutory parental leave is unpaid but employers can make a payment to employees taking parental leave if they so choose.  As the preservation of terms and conditions of employment are limited during paternity leave, provisions relating to pay or other benefits are suspended unless the parties have contractually agreed otherwise.   For example, the employee's right to accrue contractual holiday, which is over and above statutory holiday, is dependent upon the terms of the employee's contract of employment.

Paternity rights 2011

The Government has announced that additional paternity leave will be introduced in April 2011 for parents of babies born after 3 April 2011.  Effectively, this means that the period of maternity leave can be split between parents so that if the mother returns to work early, the father can take over the remaining period of maternity leave to look after their child. This will be subject to a maximum of three months paid at the statutory rate and three month unpaid.

This article was first published in Employment eBulletin February 2010