Lessons in shared parental time off
SHARED parental leave is a topic which every expectant couple will have discussed at least once.
While most parents-to-be will be eager to spend quality time with their baby, realistically, they must also take into consideration their maternity entitlements and future childcare arrangements.
It’s these questions that lead many couples naturally on to the topic of shared parental leave.
This split maternity entitlement could be the perfect solution for many parents-to-be, helping them to strike a happy balance between their work and home life.
Despite this, just 250 new Welsh dads took advantage of shared parental leave in 2016, compared to 27,650 mothers taking maternity leave during the same period, figures show.
With this in mind, Max Wootton, solicitor in employment law at leading Cardiff legal firm CJCH Solicitors, is taking mums and dads-to-be back to the classroom for a lesson on fathers’ entitlements and shared paternity leave.
What is shared paternity leave?
Shared paternity leave allows both parents to split their maternity leave, and pay, for up to a year after the baby’s birth.
Parents who are eligible through their employer can share up to 50 weeks’ leave and 37 weeks’ statutory shared paternity pay.
Equally, if you are the mother’s partner and share the main responsibility for the care of the child, you are also entitled to shared parental leave.
As part of this, they can separate their leave into three separate blocks and choose how each will be taken – however their employers must receive at least eight weeks’ notice.
Mr Wootton said: “While this is an ideal arrangement for many couples, they must research this thoroughly in advance.
“There are specific eligibility criteria for SPL, for example you must have had the same employer for 26 weeks by the end of the 15th week before the due date.
“SPL is also eligible for couples who have adopted a child and have main responsibility for the child’s care.
“While there are clear benefits, it’s always worth doing your homework.”
Antenatal entitlement
Many people may be unaware that fathers are allowed to attend antenatal appointments during working hours.
While mothers get paid leave to head to an appointment, dads too can take leave to support their partners during this time.
Fathers could be entitled to up to six and a half hours of time off from work to attend each antenatal class, with the number of classes attended at the employers’ discretion. Whether this is paid or not is also up to the employer.
Time off for dependants
While no new father wants to think about their child falling ill, sickness is inevitable and often happens at short notice.
But what emergency time off entitlement do dads get from their employer?
Mr Wootton said: “The right to time off to care for dependents is available to all employees, male and female, who work under a contract with their employment, as opposed to a contract for services.
“No minimum period of qualifying service is necessary and there are defined circumstances in which time off may be taken.”
These include to provide assistance when a dependent falls ill, gives birth or is injured or assaulted; and to make arrangements for the provision of care for a child or partner who falls ill or is injured.
Time off can also be taken after the death of a dependant; the unexpected disruption or termination of care of a child; or to deal with an incident involving a child which occurs unexpectedly during school hours.
Changing working hours
Many working parents may be attempting to juggle full-time work with school and childcare arrangements.
As such, starting or finishing their working day at a different time, or even working from home on certain days, could help to ease the situation.
Mr Wootton said: “There is a statutory right to request flexible working, which allows an employee to ask for a change if it relates to the hours they work and the times they are required to work.
“The procedure for making an application requesting flexible working is strictly applied and has rigid time-scales. It is not entirely up to the employer as to the final decision – legislation dictates whether or not the employer can reasonably refuse the request on strict business guidelines.”
School summer holiday entitlement
Many mums and dads may be worrying about balancing childcare arrangements with work and annual leave during the school summer holidays.
Fathers may be looking to spend quality family time, while also aiming to keep childcare costs to a minimum during the lengthy break.
Equally, with term-time holidays the subject of much controversy, parents may be left with no alternative but to book their annual leave during this period.
But with many workers looking to schedule in a sunny vacation during the summer, do fathers get special dispensation in the school holidays?
Mr Wootton said: “While school summer holiday entitlement is not a recognised right, parental leave is available to employees who meet certain criteria. If these are met, they are therefore entitled to take up to 18 weeks’ leave in relation to each child they are responsible for.
“In order to do this, you must have at least one year’s continuous employment, have or expect to have responsibility for the child, and be taking the leave to spend time with or otherwise care for the child.
“Parental leave can be taken before the child’s 18th birthday, and you may not take more than four weeks’ parental leave each year in relation to each child. It is, of course, unpaid.”