What Are My Rights As A Parent At Work?

Whilst there are many rights at work as a parent, the main ones, which we will cover here, include the right to attend antenatal appointments, maternity and paternity leave and pay, shared parental leave, adoption leave and pay, and unpaid time to look after your child. The rights are the same in same sex relationships as they are in opposite-sex relationships.

It is important to note however, that workers employed through an agency or on a zero hours contract are not entitled to the same rights as people that are employed. Also the length, and period of time that a person has been employed may affect their rights.

Please seek advice if you are unsure of your employment status or entitlement or feel that you are not being treated fairly.

Antenatal Appointments

From your first date of employment as an employee you are entitled to time off for antenatal care at your normal rate of pay. Antenatal care is not just limited to medical appointments, it may include antenatal classes or similar classes recommended by your doctor or midwife.

If you are employed through an agency you will be entitled to the same if you have worked in the current placement for at least 12 consecutive weeks.

A baby’s father, or the mother’s partner, is entitled to take unpaid leave to accompany the mother to 2 antenatal appointments lasting up to 6.5 hours each.

An employee can take unpaid time off for 2 antenatal appointments if they're using surrogacy and will become the child's legal parent once it's born unless their employment contract says otherwise.

It is important to note that when an employee tells their employer they are pregnant, the employer must assess risks to the employee and their baby and take reasonable steps to remove any risks. The employer should suspend the employee on full pay if they cannot remove the risks or offer suitable alternative work.

Maternity and Paternity Leave

Statutory Maternity Leave is 52 weeks. It’s made up of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.

If you are employed then you are entitled to take the full year of maternity leave, regardless of how long you have worked for your employer, the hours you work, or the pay you receive. You do not have to take a whole year, and you may be able to share this leave with your partner. You must tell your employer that you are pregnant at least 15 weeks before your baby is due and it is best to put this in writing along with the dates that you wish your maternity leave to start and end.

If a baby’s father, or the mother’s partner, is employed then they are entitled to take up to 2 weeks paternity leave. The leave must end within 56 days of the babies birth date, or due date if the baby arrives early. If they are employed through an agency then they will be entitled to the same if they have worked in their current placement for at least 12 consecutive weeks.

Please note that maternity and paternity pay are separate from maternity and paternity leave.

Maternity and Paternity Pay

The three types of maternity pay are statutory maternity pay, contractual maternity pay, and maternity allowance. Statutory maternity pay is the legal minimum that your employer can pay you, however you have to have been working for them for at least the 26 weeks before your ‘qualifying week’, which is 15 weeks before your baby’s due date. You can find the current rates here: https://www.gov.uk/maternity-pay-leave/pay

Some employers offer contractual maternity pay rather than statutory maternity pay and this will be in your contract. You may be entitled to maternity allowance from the government if you are not entitled to either of the above.

The types of paternity pay are statutory paternity pay and contractual paternity pay. Statutory paternity pay is the legal minimum that an employer can pay a baby’s father, or the mother’s partner, however they have to have been working for them for the 26 weeks before the ‘qualifying week’, which is 15 weeks before the baby’s due date. You can find the current rates here: https://www.gov.uk/employers-paternity-pay-leave

Some employers offer contractual paternity pay rather than statutory paternity pay and this will be in their contract.

Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP)

A couple may be able to share up to 50 weeks of leave, and up to 37 weeks of pay, between them provided they meet certain criteria.

You will need to share the pay and leave in the first year after your child is born, or placed with your family in the case of adoption. You can take SPL in blocks separated by periods of work, or take it all in one go. You can also choose to be off work together or to stagger your leave and pay.

The eligibility criteria is highly complex. You can find out more here: https://www.gov.uk/shared-parental-leave-and-pay/eligibility-for-birth-parents

Adoption Leave and Pay

Statutory Adoption Leave is 52 weeks. It’s made up of 26 weeks of Ordinary Adoption Leave and 26 weeks of Additional Adoption Leave.

Adoption leave can start up to 14 days before the date a child starts living with you, or within 28 days of a child arriving in the UK in the case of an overseas adoption. You must tell your employer within 28 days if the date of placement or arrival date to the UK changes.

If you take adoption leave then your partner may be entitled to paternity leave, or you may be able to take shared parental leave and pay. You can find out more and check the eligibility criteria here:
https://www.gov.uk/adoption-pay-leave

If you are entitled to adoption leave you will also be entitled to get paid time off work to attend 5 adoption appointments after you have been matched with a child, and a partner taking parental leave can get time off to attend 2 adoption appointments.

Unpaid Time to Look After Your Child

As an employee you are entitled to take time off to care for your children in emergency situations, such as them becoming unexpectedly unwell. There is no set time you can take off in this situation, and you will need to check your company handbook and contract to find out whether your employer needs to pay you during this time. It is important that you communicate with your employer regarding time that you think you will be returning to work. Your employer may request that you take annual leave or parental leave if the situation is going to be prolonged.

If you have been employed by a company for over a year then you are entitled to parental leave. Parental leave is unpaid, usually taken in whole weeks, and limited to 4 weeks per child in a year, and a total of 18 weeks up to the child’s 18th birthday.

NOTES:

You will usually be required to give your employer 8 weeks notice of any changes to your return to work dates. It is important to be informed of the specific requirements of your personal situation.

As a parent you may also have other rights at work, including the legal right to breast feed in the workplace.

Eligibility requirements may be complex and can change from those at the time this article was written. It is important to check your individual case and to seek advice if you are unsure of your personal situation or feel that you are being treated unfairly.

If you are in need of advice on what your rights are as a parent at work, or you are an organisation wanting to clarify your legal position with regard to working parents’ rights, then call us on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.