The People Bulletin

Families need parents and carers but will employers support this?

National Families Week  runs from 30 May to 5 June 2011, and coincides with half-term and the Whitsun May Bank Holiday.  For many working parents this is a welcome opportunity to spend more time with their children; something that seems to be more of a problem than ever in these times of economic hardship and job shortages.

New figures from Acas at the start of National Families Week revealed that the conciliation service had received over 50,000 calls about issues relating to working parents.

It confirmed that more and more employees wanted to work flexibly but did not understand what their rights were when it came to broaching this with their employees.

Acas chief executive John Taylor said:

"At Acas we provide a range of advice to employers to help them create a supportive workplace, by introducing family friendly policies and practices. Most firmshould be able to offer some flexibility while still meeting business needs.[1]

"With the government currently consulting on plans to introduce shared parental leave, family friendly working will become more and not less common in the future."

The rights working parents are entitled to are:

  • maternity, paternity and adoption leave and pay;
  • parental leave; and
  • right to request flexible working.[2]

Definitions of flexible working

Some of the most common types of flexible working are:

  • Part-time working.
  • Flexi-time.
  • Jobsharing.
  • Term-time working.
  • Working from home.
  • Part-time working.

Who is entitled to apply for flexible working?

Parents of children aged 16 or under, or disabled children under the age of 18 have the right to apply to work flexibly if they have:

  • worked for their employer for 26 weeks continuously at the date that the application is made; and
  • not made another application to work flexibly under the right during the past 12 months.

The request can cover hours of work, times of work and place of work and may include requests for different patterns of work.

Carers for adults can also request to work flexibly. A 'carer' is defined as an employee who is or expects to be caring for an adult who:

  • is married to, or the partner or civil partner of the employee;
  • is a near relative of the employee;
  • falls into neither category but lives at the same address as the employee.[3

What is parental leave?

This is the right to take time off work to look after a child or make arrangements for their welfare.[4]  Employees who have completed one year's service are entitled to 13 weeks unpaid parental leave for each child born or adopted. They can take it at any time up to the child's fifth birthday (or five years after placement in the case of adoption). If the child has disabilities, they can take 18 weeks up to the child's 18th birthday. Parental leave should only be taken to care for the welfare of a child, for example:

  • to stay with a child who is in hospital;
  • to spend more time with a child; and
  • to make school / childcare arrangements and to help them settle in.

What are an employee's maternity rights?

Eligible employees are entitled to 52 weeks of maternity leave of which up to 39 weeks are paid. The first six weeks are paid at 90% of your pay with the remaining 33 weeks at the rate of 128.73 a week or 90% of your average weekly earnings, if that is less.

What paternity leave are employees entitled to?

Eligible employees can take one or two consecutive weeks paternity leave after the birth. Additional paternity leave gives employed fathers a right to up to six months extra leave which can be taken once the mother has returned to work after 20 weeks. Some of the leave may be paid if taken during the mother's maternity pay period. Both ordinary and additional paternity leave is paid at £128.73 a week or 90% of your average weekly earnings, if that is less.


www.acas.org.uk


[1] The ACAS advice leaflet 'The right to apply for flexible working, a short guide for employers, working parents and carers' 

[2] See also: 'Flexible friends' by Lawrence Dunn in The People Bulletin, 27 August 2009. 

[3] 'More employees entitled to request flexible working' by Sophie Whitbread in The People Bulletin, 28 April 2009, is also a very useful practical guide. 

[4]  See also'The family way' by Deborah Nathan in The People Bulletin, 24 September 2009.
 


PMY