Bridal buyer

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T

he Children and Families Act 2014 received

Royal Assent on 13 March 2014 and

makes key changes to the law in relation

to vulnerable children, children whose

parents are separating, children with special

educational needs, working parents and

adoption.

However, while the headline involves children and

families, by defnition, the Act is going to have an impact

on employers. In particular, there have been employment

law changes in relation to fexible working and shared

parental leave that took effect at the end of June. In

addition, from 1 October 2014, prospective fathers or a

mother’s partner may take time off work for up to two

antenatal appointments.

FLEXIBLE WORKING

From 30 June 2014, the rules in relation to fexible working

changed, widening the category of employees eligible

to make a request. The intention here is that the overall

productivity of the workforce should increase with staff

turnover and sickness-related absences being reduced.

THE CHANGES

Until 30 June, only parents of children under 17

years old (or 18 years old if the child is disabled) or

those registered as carers are eligible to make a

request for fexible working. But as of 30 June

2014, all employees with 26 weeks’ continuous

service will have the right to request fexible

working as long as they have not already made

a request in the last 12 months.

In addition to widening the category of

eligible employees, the statutory procedure

contained in the Flexible Working (Procedural

Requirements) Regulations 2002 will no longer

apply. This will allow employers more fexibility as

to how they handle requests as long as the requests

are dealt with in a “reasonable manner” and the

decision is notifed to the employee within three

months (including any appeal/appeal decision).

Under the new rules, employees will have the

option to agree an extension to this timeframe.

Employers will need to be careful not to inadvertently

discriminate against employees who are making a

request in relation to the Equality Act 2010.

SHARED PARENTAL LEAVE

It is proposed that the draft shared parental leave and pay

regulations will come into force in October 2014 and apply

to babies that are born on or after 5 April 2015. These new

regulations will apply equally to adoptive parents. There

are also draft maternity and adoption leave curtailment

regulations which will allow individuals to curtail their

entitlement to maternity/adoption leave in order to take

shared parental leave.

The regulations as currently drafted are particularly

complicated and in need of simplifcation. The government

is expected to publish further guidance in the summer.

It is intended that these regulations will provide a change

in culture and encourage fexible working. Mothers will

have less barriers to career progression and will be able to

return to work after the birth of their child without having

to wait until the child is 20 weeks old before their partner

can go on leave.

THE CHANGES

Mothers will continue to be entitled to 52 weeks maternity

leave, but the new regulations will allow the mother

fexibility as to whether to take all 52 weeks as maternity

leave or share some leave with her partner. Mothers must

take a compulsory two weeks maternity leave, but the

remaining 50 weeks can be taken as maternity leave or as

shared parental leave, provided that the mother (or main

adopter) has curtailed her maternity leave.

Fathers will continue to be entitled to two weeks’

paternity leave immediately after the child’s birth, but

additional paternity leave, whereby the father could take a

further period of 26 weeks once the mother had gone back

to work and the child had reached 20 weeks old, will be

replaced by the new regulations.

ELIGIBILITY

For an employee to be eligible for shared parental leave

they must have 26 weeks’ continuous service at the relevant

date (at the end of the 15th week before the expected week

of childbirth or the week notifed of adoption) and still be

employed in the week before shared parental leave is due

to start. The employee’s partner must also have 26

weeks’ continuous service and meet the minimum

earnings test.

PAY

It is proposed that statutory shared parental

leave pay will apply for 39 of the 52 weeks

(reduced by any element of statutory maternity

pay received by the mother). The initial six

weeks will be paid at 90% of the average weekly

earnings before tax of the parent who is on leave.

The further 33 weeks will be at 90% or £136.78

whichever is the lower. It is open to employers to

pay enhanced shared parental leave pay.

NOTICE

Employees are required to give their employer

eight weeks’ notice of their intention to take

shared parental leave (including an indication

of the pattern of leave requested) or to curtail

their maternity leave. This should help reduce

uncertainty for employers.

RIGHT TO RETAIN A JOB

The right for an employee to retain their job remains the

same: if the period of leave does not exceed 26 weeks, the

employee has the right to return to the same job. This will

apply whether the leave is taken continuously or not. If the

period of leave exceeds 26 weeks, the employee has a right

to return to the same job, or if not reasonably practicable,

a similar job.

As the rules on flexible working have undergone a dramatic

change Veale Wasbrough Vizards solicitor Mark Stevens

provides Bridal Buyer with a whistle-stop tour of the new

ways of working.

Flexible working and shared

02 parental leave

“The new regulations

will allow the mother

fexibility as to whether

to take all 52 weeks as

maternity leave”

095-097.BB.163.business.indd 96 29/05/2014 16:20