a members’ guide to parental and family leave...2018/10/17 · prospect – a members’ guide to...

a members’ guide to

parental and family leave

prospect.org.uk

Prospect – a members’ guide to parental and family leave

Contents

Introduction 1

1 Shared parental leave 2

Notification requirements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �3Shared parental leave in touch days � � � � � � � � � � � � � � � � � � �5Return to work � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �5Paid leave � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �6Surrogacy � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �6Negotiating points for reps � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �6

2 Parental leave 7

Qualification � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 7Key principles � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 7Notice periods � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 7Parental leave – key principles � � � � � � � � � � � � � � � � � � � � � � � � �8Parental leave – minimum provisions � � � � � � � � � � � � � � � � � �8Postponement of leave� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �9Unpaid leave � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �9Record keeping � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �9Changing job � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �9Rights during parental leave and the right to return � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �9Redress � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 10Improvements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 10

3 Leave for family reasons 12

Dependants � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 12Circumstances � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 12Domestic incidents � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �13Your rights � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �13

4 Paternity/partner leave 14

Paid paternity leave � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �14length of paternity leave � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �15Notice periods � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 16Rights during leave and the right to return � � � � � � � � � 16Redress � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �17Best practice � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �17Antenatal appointments � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 18

5 Adoption leave 19

Pay � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �19Adopting from overseas � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 20Notice periods � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 20

Evidence � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 21Surrogacy arrangements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 21Rights during leave and the right to return � � � � � � � � � 21Redress � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 22Best practice � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 22

6 Other kinds of family leave 23

Family leave for carers � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 23Infertility treatment � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 23Career breaks � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 23Overseas families � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 24Bereavement leave � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 24Domestic emergencies� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 24

7 Other policies 25

Part-time working � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 25Job sharing � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 25Flexible working � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 25Flexible working hours and flexitime � � � � � � � � � � � � � � � � 26Time banking � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 26Term-time working� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 27V time � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 27Compressed working week � � � � � � � � � � � � � � � � � � � � � � � � � � � � 27Homeworking/teleworking � � � � � � � � � � � � � � � � � � � � � � � � � � � � 27Childcare � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 27Workplace nurseries � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 27Out-of-school playschemes � � � � � � � � � � � � � � � � � � � � � � � � � � 28Back-up care � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 28Allowances � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 28Vouchers � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 28Help with Childcare Costs � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 28Advice/referral schemes � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 29Eldercare � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 29

8 Resources and contacts 30

Prospect guides � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 30Prospect equality briefings � � � � � � � � � � � � � � � � � � � � � � � � � � � � 30Equality Advisory and Support Service � � � � � � � � � � � � � 30Equality and Human Rights Commission � � � � � � � � � � � 30ACAS � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 30Working families � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 30Government website resources � � � � � � � � � � � � � � � � � � � � � � �31

Prospect – a members’ guide to parental and family leave • 1

Introduction

Legislation allowing employees in the UK to share parental leave came into effect from 5 April 2015.

Legislation also exists for employees who want to take unpaid parental and family leave. Each parent has the right to take 18 weeks’ leave following the birth or adoption of a child, up to the child’s 18th birthday. The legislation also includes a right to take time off work for urgent family reasons eg sickness or accident.

The shared parental leave legislation sets out minimum provisions. Therefore there is considerable scope to improve these in negotiations with employers.

This booklet explains everyone’s rights under the legislation and how your employer can improve them. We also look at how employers can help you achieve a better work-life balance – for example by offering different kinds of family leave, flexible working arrangements and childcare assistance.

This booklet complements Prospect’s Members’ Guide to Maternity Rights which sets out maternity pay and leave entitlements.

To find out about agreements on parental and family leave at your workplace, please check your staff handbook or talk to your local Prospect representative.

2 • Prospect – a members’ guide to parental and family leave Prospect – a members’ guide to parental and family leave • 3

1� Shared parental leave

1.1 Provisions allowing parents to share parental leave came into effect in April 2015. Parents can share up to 50 weeks’ leave. They can take time off to look after the child separately or together. The amount of paid leave mirrors the statutory maternity leave arrangements, ie 39 weeks at the statutory minimum pay and 13 weeks’ unpaid leave, less the two weeks’ compulsory leave directly following the birth/adoption.

1.2 Shared parental leave operates by the mother or main adopter giving up part of their maternity or adoption leave entitlement to share with their partner. Mothers and main adopters are still entitled to 52 weeks’ maternity (or adoption)leave if they wish to take it all themselves. Fathers/partners are still entitled to two weeks’ paid paternity leave. See Prospect Members’ Guide to Maternity Rights for more detail and section 4 in this guide for more information on paternity leave provisions. Shared parental leave is also in addition to parents’ entitlement to unpaid parental leave.

1.3 The previous provisions for additional paternity leave are replaced by shared parental leave.

1.4 Shared parental leave (SPL) may be taken in one continuous block, or in discontinuous blocks of complete weeks. The amount of SPL and pay available to the partner will depend on how much maternity or adoption leave and pay has already been taken by the mother

or the primary adopter. So, whatever is left after maternity/adoption leave is taken can be shared.

1.5 The mother or primary adopter can choose to take all of their entitlement to maternity/adoption leave and pay or to use the SPL provisions. The mother/primary adopter does not have to have returned to work before their partner can start to take SPL. But they must have given prior notice to reduce or curtail their maternity/adoption leave. See notification requirements on page 3.

Example: a mother decides she wants to take 26 weeks’ maternity leave and pay and gives notice to her employer that she wishes to curtail her maternity leave after 26 weeks. The remaining 26 weeks will be available for her and her partner to share. Her partner could take the 26 weeks at the same time as she is on leave.

1.6 The mother/primary adopter will need to consider, with their partner, what leave and pay arrangements will suit them and their family best and whether either parent is eligible for contractual provision.

1.7 To qualify for SPL, a mother or main adopter must:

• be entitled to statutory maternity or adoption leave and pay or maternity allowance and


• share the main responsibility for caring for the child with the child’s father or her partner, who may be a same-sex partner.

1.8 In addition, the parent must have worked for the same employer for at least 26 weeks at the end of the 15th week before the week in which the child is due. In adoption cases, this will be the week in which an adopter was notified of having been matched with a child for adoption and is still employed in the first week that the SPL is to be taken.

1.9 The person taking SPL must also have worked for at least 26 weeks in the 66 weeks leading up to the due date and have earned above the maternity allowance threshold in 13 of those 66 weeks.

1.10 The ‘pot’ of SPL will be available to both parents where they both meet the continuity of employment test. If only one parent meets the eligibility criteria, they may still be able to use SPL. For example, a self-employed parent would not be entitled to SPL but could still pass the eligibility test on employment and earnings. This would allow the other parent in the family to qualify.

Notification requirements

1.11 In order to use the SPL provisions, the mother/primary adopter must give notice to their employer to curtail their maternity/adoption leave. Written notice must be provided to the employer at least eight weeks

before it is intended to end. This can be done before the actual start of the maternity/adoption leave. The curtailment notice may be withdrawn within six weeks of the birth/adoption if the mother/primary adopter changes their mind.

1.12 If SPL and pay is going to be used, a notice of entitlement and intention to use it must be provided to the employer. The notice of intention is not binding, but must be provided in writing at least eight weeks before the intended start.

1.13 The legislation specifies the information to be included in the notice:

• the names of the mother and partner

• the start and end dates of any statutory maternity or adoption leave

• the total amount of shared parental leave available

• the child’s expected week of birth, actual date of birth, date of placement

• how much shared parental leave the mother and partner each intend to take

• an indication as to when they intend to take shared parental leave.

1.14 The employee’s partner must also provide their partner’s employer with a signed declaration stating:

• their name, address and national insurance number


• they are the father, mother of the child or the child’s mother’s partner

• they meet the criteria for the employment and earnings test

• (if the mother) they are entitled to statutory maternity leave, statutory maternity pay or maternity allowance and that they have given notice to end that leave and pay/allowance

• they shared the responsibility for caring for the child with the employee seeking to take SPL at the time of the birth or placement

• they consent to the amount of leave and pay that the employee wants to take

• they consent to the employer receiving this declaration to process the information contained within it

• (in the case of the mother) that the mother will immediately inform their partner if she ceases to satisfy the eligibility conditions.

1.15 If the employer requests a copy of the birth certificate or the certificate of adoption, this must be provided within 14 days.

1.16 Following the notice of entitlement and intention, a booking notice must be submitted, which is binding. The booking notice must state the start and end dates of any period of SPL and must be submitted eight weeks before the leave is to be taken.

1.17 You may submit up to three booking notices.

1.18 If the booking notice is for one period of SPL, the employer cannot refuse this. If the booking notice is for discontinuous blocks of leave, the employer may refuse.

1.19 The booking notice may also vary the leave, which will count towards the three booking notices allowed, unless the employer agrees to waive a variation.

1.20 Once the employer has received the booking notice, they must respond within two weeks. They can:

• agree the request

• ignore or refuse it: in which case, the default position should apply ie that the employee is enabled to take the full amount of leave requested in one continuous block. If the employer does not respond or refuses the booking notice, the employee can withdraw their notification and it will not count towards the three booking notices allowed.

The amount of leave requested must be taken in one continuous block. The employee can choose the date on which it is to start, but this cannot be before the original start date in the booking notice. A new start date must be notified to the employer within 19 days of the original booking notice. If the employee does not submit a new start date, the leave will begin on the date previously notified and will be one continuous block.


• agree a modified proposal with the employee who will need to submit a new booking notice to the employer with the alternative dates, but this will not count towards the three booking notices allowed. The new booking notice must be submitted within the two week period.

If agreement cannot be reached with the employer, the booking notice can be withdrawn (and it won’t count towards the three allowed) and the parent can start the process again. Withdrawal of the notice must be on or before the 15th day of the original notice.

1.21 The notice requirements are complex so it is very important that workplace policies allow for early dialogue between the employer and employee to discuss plans and preferred arrangements.

1.22 Parents may change their minds about when they want to take their leave, but the notice period of eight weeks remains, ie a new booking notice must be submitted eight weeks before the original SPL start date and the new one. This variation will count towards the maximum of three notices, unless:

• it is a withdrawal of a notice of discontinuous leave which the employer has refused

• it specifies alternative dates agreed with the employer

• the child was born earlier or later than the expected week of birth.

Shared parental leave in touch days

1.23 An employee can work for their employer for a period of up to 20 days during SPL without bringing their SPL to an end – called SPLIT days. SPLIT days must be agreed between the employer and employee.

1.24 SPLIT days work in the same way as the Keeping in Touch (KIT) days within maternity leave. They can also be used in addition to the KIT days.

1.25 Twenty days is the maximum that can be worked during the 50 weeks after birth. They may be used during the period of unpaid SPL, for example, to augment income at that time, or as a means of returning to work gradually, eg a period of part-time work before returning full-time.

Return to work

1.26 The same rights to return to work apply to SPL as for maternity and adoptive leave: ie if the SPL is 26 weeks or less, there is a right to return to the same job. If the leave is more than 26 weeks, the right to return is to the same or similar job, if it is not reasonably practical for the employer to give them the same job.


Paid leave

1.27 SPL is capped at the statutory minimum – the same as statutory maternity pay. Current rates can be found at www.gov.uk. It is important to ensure that SPL mirrors contractual maternity leave and pay and that both parents are treated equally.

Surrogacy

1.28 Eligible parents in surrogacy arrangements are entitled to statutory adoption leave and pay, and shared parental leave and pay. Parents in these arrangements will also be entitled to time off work to go to two antenatal appointments with the surrogate mother.

Negotiating points for reps• Negotiate a shared parental leave policy

with the employer.

• Ensure there is adequate provision for early discussions with the employee about plans.

• Ensure that SPL is paid at contractual rates, or at least mirror contractual maternity leave and pay.

• Reduce/remove service qualifications for contractual pay.

• Ensure there is flexibility in the number of booking notices that are allowed, particularly to make alterations to previously notified arrangements.

• Allow staff to notify their employer by email.

• Where appropriate, use the ACAS templates.

• Ensure there is provision to extend the two-week response period to discuss/agree/vary a requested pattern of leave, by agreement of both parties.

• Negotiate smaller blocks of leave, ie less than complete weeks.

• Ensure that SPLIT days are paid at the normal contractual rate.

• Ensure that all contractual rights during SPL continue.


2� Parental leave

Qualification

2.1 The legislation defines parental leave as ‘leave taken to look after the child or to make arrangements for the good of the child’ which need not be connected with the child’s health. To qualify for parental leave, an employee must have one year’s continuous service with the employer and:

• be the parent (named on the birth certificate) of a child aged under 18 at 5 April 2015

• have adopted a child under the age of 18

• have acquired formal parental responsibility for a child who is under 18.

Key principles

2.2 The regulations that implement parental leave allow for collective or workforce agreements to improve the basic rights. But such agreements must not contradict the key principles (‘elements’) in the regulations, set out on page 8.

2.3 If there is no collective or workforce agreement, the minimum provisions set out on page 8 will apply.

2.4 The government recommends that agreements are made on implementing parental leave in the workplace. See paragraph 2.18 for a checklist of improvements which can be negotiated.

Notice periods

2.5 To protect yourself, ensure that any notice your employer requires for you to take parental leave is submitted in writing. You must give 21 days’ notice before the expected start date.

2.6 Fathers who wish to take parental leave after the child is born should give their employer the required notice of the expected week of birth. You should also tell the employer how much leave you wish to take.

2.7 Similarly, parents adopting a child should give their employer the required notice before the expected date of placement, stating how much leave you wish to take. If you are not able to give the required notice because of difficulties with the adoption process, you should do so as soon as reasonably practical.

2.8 Where there is no placement date, eg for step-parents formally adopting a child, you are entitled to parental leave from the date you acquire formal parental responsibility.


Parental leave – key principles• one year’s continuous service required to qualify

• at least 18 weeks’ parental leave for each child of the employee up until the child’s 18th birthday

• in the case of multiple births, 18 weeks’ leave must be provided for each child

• at least 18 weeks’ parental leave for each child placed for adoption up to the child’s 18th birthday

• leave is calculated pro rata for part-time workers

• the employee will remain employed while on parental leave but need not be paid

• terms and conditions such as notice periods, redundancy terms, disciplinary and grievance procedures continue to apply

• employees will not be bound by any contractual terms, except terms relating to good faith and confidentiality, which will also bind the employer

• after parental leave the employee must be given their old job back, or if not possible, a job with the same or better status, terms and conditions as the old job

• the employee must not lose any seniority or pension rights which accumulated before the leave. In redundancy situations, the employer must treat the employee on parental leave as if they were working normally.

Parental leave – minimum provisions• leave must be taken in blocks of one week

• for children with a disability the leave need not be taken in weekly blocks

• an employee may not take more than four weeks’ leave each year in respect of an individual child

• the employer can require the employee to provide reasonable evidence of entitlement (eg birth certificate, parental responsibility order)

• the employee must give 21 days’ notice of the leave and specify the date on which leave begins and ends

• the employer may postpone a period of leave where they consider the operation of the business would be unduly disrupted (but this cannot apply in the case of parental leave taken at the time of birth or adoption)

• ■if the employer wants to postpone leave, they must allow the employee to take the same period of leave within six months

• ■the employer must give reasons for postponing the leave and give notice of postponing it within seven days of receiving the employee’s request for leave.


Postponement of leave

2.9 As the box above shows, employers may postpone parental leave if they believe your absence would unduly disrupt the business. However, they must respond to you in writing within seven days of your request, stating the reasons for postponing the leave. Your employer must allow you to take the leave within six months of the date you originally wished to take it – so they should discuss alternative dates with you at the earliest opportunity. If you feel your employer has unreasonably postponed your leave, seek advice from your Prospect representative or full-time officer as soon as possible – you may be able to seek redress through an employment tribunal (see paragraph 2.17)

Unpaid leave

2.10 If your employer does not provide paid parental leave, then depending on your income, you may be entitled to additional social security benefits or tax credits while on unpaid leave. Prospect can give advice on these rights – contact your local representative or our Member Contact Centre on 0300 600 1878.

Record keeping

2.11 Employers are under no legal obligation to keep records of parental leave. But they may wish to do so for their own purposes – for example if you leave and your new employer

enquires about how much parental leave you

have already taken. You may also be asked the

same question by a new employer. Members

are therefore advised to keep their own

records of how much parental leave they have

taken for each qualifying child, as evidence of

leave they have remaining.

Changing job

2.12 Remember that if you start a new job

with a different employer, you will need to

work for them for one year before taking any

remaining parental leave to which you are

entitled. Check the parental leave provisions

at your new workplace as they may be more

or less favourable than at your previous

workplace.

2.13 Rights to parental leave are legally

enforceable through employment tribunals.

Either the enhanced terms contained in

a collective or workforce agreement or

(where there is no agreement) the minimum

provisions are part of your contract of

employment.

Rights during parental leave and the right to return

2.14 The contract of employment continues

during parental leave. The regulations specify

that the following terms and conditions of

employment will apply:

• the implied term of trust and confidence


• notice of termination of employment provisions

• redundancy terms

• disciplinary and grievance procedures.

2.15 Where the period of parental leave is four weeks or less, the employee must be allowed to return to the same job at the end of the leave period. If the leave is more than four weeks (or is taken immediately after a period of additional maternity or adoption leave) and a return to the same job is not reasonably practicable for the employer, the employee must be given another job which is both suitable and appropriate for them.

2.16 The regulations require that terms and conditions of employment are unchanged on return to work. The employee’s pay must be no less favourable on return than if they had not been on leave. Seniority, pension and similar rights must also be preserved.

Redress

2.17 If an employee feels that they have been prevented from taking parental leave or that the leave has been unreasonably postponed, they may seek redress through an employment tribunal. If employees are sacked or suffer any other detriment for taking, or seeking to take, parental leave, they may also take their complaint to a tribunal. Either way, applications to the tribunal must be made within three months of the employer’s action

– seek the advice of your Prospect rep at the earliest opportunity.

2.18 Your Prospect full-time officer should always be involved if tribunal procedings are necessary. Legal advice and assistance is offered at the discretion of the union and will depend on the facts and merits of each case.

Improvements

2.19 Prospect believes that parental leave should operate flexibly and that as much of the leave as possible should be paid. Since the regulations allow for improvements to the minimum rights, we suggest:

• payment for the full 18 weeks of parental leave

• the one-year service qualification should be removed, or at least lowered

• parental leave should be in addition to any existing contractual rights to maternity, paternity or special leave and rights to time off for dependants

• parental leave should be extended to those with informal responsibility for looking after a child, eg grandparents, step-parents or long-term foster parents

• entitlement should be increased beyond the minimum 18 weeks

• the amount of notice required to take parental leave should not be excessive – it should be the same length as the leave being taken


• there should be flexibility for parents to choose how to take leave – it should not have to be taken in blocks of one week or be limited to four weeks per year

• parents should be able to use the leave to work part time or reduced hours

• there should be an internal appeals process against refusal or postponement of leave

• parents should be able to postpone or cancel pre-booked parental leave

• employers should keep records and monitor the take-up of parental leave

• employers should advertise and promote the rights of parents to take parental leave

• employers should assure employees that taking parental leave will not cause any detriment to their career development

• employers could disregard any parental leave taken in a previous job.


3� Leave for family reasons

3.1 Under UK regulations, employees have the right to take ‘a reasonable amount’ of unpaid leave to deal with incidents involving dependants. There is no definition of what the government considers to be a ‘reasonable amount’ of leave. But, for example, if a child falls ill the leave should be enough to help the employee cope with the crisis – to deal with the immediate care of the child, to visit the doctor if necessary, and to make longer-term care arrangements.

3.2 There are no service requirements for the right to time off to care for dependants. This right applies regardless of how long you have worked for your employer.

3.3 Prospect’s policy is that all staff should be entitled to a minimum of 10 days’ paid leave per year for urgent family reasons, but our negotiating objective is currently 15 days per year. This has already been achieved in a number of workplaces.

Dependants

3.4 The government’s definition of ‘dependant’ is the employee’s parent, wife, husband or partner, child or someone who lives as part of the family, for example somebody for whom the employee is the main carer.

Circumstances

3.5 The right to time off will be allowed in these circumstances:

• to help when a dependant falls ill or has been involved in an accident or assaulted, including where the victim is hurt or distressed rather than physically injured

• to cope when there is an unexpected break-down in the arrangements for caring for a dependant

• when a dependant gives birth

• to deal with the death of a dependant, for example to make funeral arrangements or to attend a funeral

• to deal with an unexpected incident involving a dependant child during school hours or on a school trip, for example if the child has been involved in a fight or is suspended from school.

In the first three cases, the dependant can also be someone who relies on the employee in the particular emergency.

3.6 The Parental Bereavement Leave and Pay Act is expected to come into force in 2020. This will give all employed parents a day-one right to two weeks’ paid leave if they lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy. Employees with 26 weeks’ continuous service will be entitled to paid leave at the statutory rate. Other employees will be entitled to unpaid leave. Prospect officers and reps are encouraged to


ensure that bereaved parents receive full pay for this leave.

3.7 Members are advised to ensure that any existing provision at their workplace to take paid leave for family reasons is not deducted from the right to take unpaid parental leave or unpaid leave for family emergencies. If you believe your employer is attempting to do this, contact your Prospect representative or full-time officer as soon as possible.

Domestic incidents

3.8 Incidents at home are not covered under the rights to time off. However, if your employer already allows time off in these circumstances, your Prospect representative should ensure that it continues unaffected by the regulations (see para 6.13).

Your rights

3.9 As with parental leave, employers cannot unreasonably refuse an employee time off in the circumstances listed above. If you believe your employer has unreasonably refused you such time off, or if you believe you have suffered any other detriment for taking or seeking to take time off, you may be able to seek redress through an employment tribunal. You may also be able to claim unfair dismissal if your employer dismisses you for a reason related to time off for dependants.

3.10 Applications to employment tribunals

must be made within three months of the incident, so you are strongly advised to seek the advice of your Prospect representative or full-time officer at the earliest opportunity.

3.11 Legal advice and assistance is offered at the discretion of the union and will depend on the facts and merits of each case.


4� Paternity/partner leave

4.1 Fathers/partners have a right to two weeks’ paternity leave and pay. They may also be eligible to take Shared Parental Leave (see section 1).

4.2 Paternity leave and pay is also available to employees who adopt children and who have opted not to take the full entitlement to adoption leave and pay – see section 5.

4.3 Paternity leave allows fathers/partners to take paid time off at or around the time of their child’s birth or adoption to spend time with the baby and to support the mother/adopter. (In this guide ‘adopter’ means the partner who has chosen to take the full entitlement to adoptive leave and pay.)

4.4 To be eligible, employees must expect to have responsibility for the baby’s upbringing, and be either the biological father of the baby and/or the mother’s (or adopter’s) partner. ‘Partner’ is defined as someone ‘who lives with the mother of the baby in an enduring family relationship but is not an immediate relative.’ People in same sex relationships are therefore eligible. Employees must also:

• have 26 weeks’ continuous employment with their employer, regardless of the number of hours worked, by the 15th week before the baby is due (this applies even if the baby is born earlier than expected)

• be taking the time off to support the mother/adopter or to care for the new child.

In the case of adoption, 26 weeks’ continuous employment is required up to the week in which the adopter is notified of being matched with a child.

4.5 Employees will still be entitled to take paid paternity leave if the baby is stillborn after 24 weeks of pregnancy. See also para 3.6 regarding parental bereavement leave.

‘Expected week of childbirth’ or ‘the week the baby is due’ means the week, beginning at midnight between Saturday and Sunday, in which the baby is expected to be born.

Paid paternity leave

4.6 In practice, if you are entitled to Statutory Paternity Leave (SPL) you are also entitled to claim Statutory Paternity Pay (SPP).

4.7 SPP is paid by the employer for either one or two consecutive weeks at the statutory rate or 90% of average weekly earnings, whichever is less. The rate of SPP is reviewed each year in April. Check the current rate at www.gov.uk/paternity-pay-leave/pay.

4.8 If you are not eligible for SPP and are normally low paid, you may be able to claim other income support. Contact your full-time officer for advice.


4.9 To be eligible for SPP you must make a declaration to your employer that:

• you are taking leave either to care for the child and/or to support the mother/adopter

• you have responsibility for the child’s upbringing

• you are the child’s father and/or the mother’s (or adopter’s) husband or partner

• you are the child’s intended parent (if you are having a baby through a surrogacy arrangement).

4.10 HM Revenue and Customs has produced leaflet SC3 ‘Becoming a parent’ which includes a model self-certification form. This includes key dates such as the baby’s date of birth and when you want your SPP and/or paternity leave to start, and information about your status in relation to the baby. Your employer should accept this form as your declaration.

4.11 If you do not return to work after your period of leave, you are not required to repay any SPP received.

length of paternity leave

4.12 Paternity leave can be taken either as one week, or as two consecutive weeks. It cannot be taken as two separate weeks, nor can it be taken in odd days. Therefore, unless you have more favourable arrangements with your employer for paid paternity leave, you are strongly advised to ensure you take your

full entitlement to two weeks’ leave. Only one period of paternity leave can be taken on each occasion, even if there is a multiple birth/adoption.

4.13 There are also restrictions about when the leave can be taken. In the case of a baby’s birth, the leave cannot start until the baby has been born, but you may then choose:

• the date of the baby’s birth; or

• a date you have notified to your employer which is a number of days after the birth; or

• a date you have notified to your employer which falls after the first day of the expected week of childbirth.

4.14 If you have advised your employer that you wish to start your leave on the date of the baby’s birth and you are at work on that day, your leave will actually begin on the next day.

4.15 You must also take your leave within a specified period, either:

• within 56 days of the baby’s date of birth; or

• if the baby is born earlier than expected, between the birth and 56 days from the first day of the expected week of birth.

4.16 In the case of adoption, you may choose to start your leave from:

• the date of the child’s placement, whether this is earlier or later than expected; or


• a chosen number of days or weeks after the date of the child’s placement; or

• a chosen date.

4.17 You must take your leave within 56 days of the date that the child was placed for adoption.

Notice periods

4.18 If you want to take paternity leave you must give your employer notice by the end of the fifteenth week before the week the baby is due. In the case of adoption, you must give notice within seven days of notification to the adopter that they have been matched with a child. If it is not possible to give that notice, you must do so as soon as is reasonably practicable.

4.19 If your employer does not allow paternity leave on full pay – although many employers within Prospect membership areas do – you may be entitled to SPP (see paras 4.6-4.11). To claim SPP, you must give your employer at least 28 days’ notice. However, in practice, most employees will be entitled to both SPL and SPP, and the notice required for taking leave (15 weeks before the week the baby is due) will suffice.

4.20 For both SPL and SPP, you must tell your employer:

• the expected week of birth, or the date the child is expected to be placed for adoption

• whether you wish to take one or two weeks’ leave

• the date you want to start your leave.

4.21 As soon as it is reasonably practicable to do so, you must tell your employer the date the baby was actually born.

4.22 Although you are not required to give written notice that you wish to take paternity leave, we would strongly advise you to do so to protect yourself. To claim SPP you must notify the employer in writing by submitting a declaration (see para 4.9) .

4.23 It is not necessary for you to provide medical evidence of pregnancy or birth.

4.24 If, you wish to alter the date on which you want to start your leave, you must generally give 28 days’ notice to your employer. If that is not possible, for example if the baby is born earlier or later than expected, you must advise your employer as soon as it is reasonably practicable to do so. You must also fill in a new certificate – see paragraph 4.10.

Rights during leave and the right to return

4.25 During paternity leave, the contract of employment continues. So you are entitled to benefit from normal terms and conditions of employment, except in relation to remuneration. If your contract of employment


includes provision for paid paternity/partner leave which is in excess of the statutory provision, then of course you are entitled to that, otherwise SPP applies.

4.26 Periods of paternity leave will count as continuous service for accruing annual leave and calculating redundancy payments, for example.

4.27 If you normally contribute towards your pension scheme, this will continue if you are receiving full pay during your leave. If you are receiving SPP, your pension contribution should be based on the amount of SPP you are paid, but the employer’s contribution will continue at the normal rate.

4.28 You have the right to return to the same job on the same terms and conditions after your period of paternity/partner leave, and to benefit from any improvements made while you were away.

4.29 If you take a period of parental leave of up to four weeks immediately following your paternity/partner leave, you also have the right to return to the same job. See also the provisions on shared parental leave in section 1.

Redress

4.30 If you feel you have suffered unfair treatment or been sacked because you have taken, or sought to take, paternity leave, you may seek redress through an employment

tribunal, regardless of your length of service. Applications to the tribunal must be made within three months of the employer’s action. You are therefore advised to seek the advice of your Prospect representative or full-time officer at the earliest opportunity.


Best practice

4.32 Most employers across Prospect membership areas allow paternity/partner leave on full pay. Best practice is currently 15 days, and Prospect’s policy is to negotiate 15 days’ paid leave, with 10 days as a minimum.

4.33 Many employers already recognise that mothers may need support from someone other than the biological father and have therefore extended the leave to carers or co-parents, including same sex partners. This is sometimes referred to in policies as maternity support leave.

4.34 Existing agreements with employers for paid paternity/partner or adoptive leave should not be offset against the provisions for parental leave and leave for family reasons. If your employer attempts to do this, contact your Prospect representative or full-time officer as soon as possible.


Rights to Statutory Paternity Leave and Statutory Paternity Pay are in addition to your rights to parental leave and time off for dependants. They are also separate from the provisions for shared parental leave (section 1).

Antenatal appointments

4.35 Fathers/partners are entitled to accompany their partner (or surrogate mother) to two antenatal appointments. Such time-off is capped at 6.5 hours for each appointment.

4.36 In the case of adoption, the father/partner is entitled to time off to attend two adoption appointments, once you have been matched with a child. Again, this is capped at 6.5 hours for each appointment.

4.37 This right to accompany the mother (or surrogate mother) or main adopter is unpaid time off. Therefore, Prospect negotiators and reps should seek agreement for paid time off for at least these two appointments and ideally all the main appointments the mother or main adopter attends.


5� Adoption leave

5.1 Statutory provisions cover leave and pay for parents who are adopting a child, or having a child through a surrogacy arrangement. The rights apply where a child is placed for adoption by an approved adoption agency. The entitlements do not apply where there is a private adoption arrangement or for step-parents adopting their partner’s children. See para 5.20 for surrogacy arrangements.

5.2 Statutory Adoption Leave and pay will be available to:

• individuals who adopt

• one member of a couple where they both adopt jointly.

Where a couple adopts jointly, they may choose which of them takes the adoption leave, the “main adopter”. The individual’s partner, or other member of the couple where it is a joint adoption, may be entitled to paternity leave and pay (see section 4).

5.3 The rights to adoption leave are:

• up to 26 weeks’ ordinary adoption leave, followed immediately by

• up to 26 weeks’ additional adoption leave.

5.4 Parents entitled to adoption leave and pay can end this entitlement early and opt to take Shared Parental Leave and Pay, (see section 1).

5.5 You can choose to take your adoption leave from the date of the child’s placement,

or from a fixed date which can be up to 14 days before the expected date of placement.

5.6 Once you have been matched with a child, you are entitled to paid time off to attend five adoption appointments if you are the main adopter. Your partner will also be entitled to unpaid time off to accompany you to up to two appointments. This is the minimum entitlement. Negotiators and representatives should seek agreement for paid time off to accompany for at least the two appointments and ideally the five adoption appointments that the main adopter is entitled to.

5.7 If more than one child is placed for adoption in the same arrangement, only one period of adoption leave will apply.

5.8 You can continue your leave for up to eight weeks if the child’s placement ends while you are on adoption leave.

Pay

5.9 Statutory adoption pay is paid for up to 39 weeks at the statutory rate or 90% of average weekly earnings, whichever is less. The remaining additional adoption leave will be unpaid. The statutory rate is reviewed each year with effect from April. Visit bit.ly/adoption-pay for the current rate.

5.10 You must provide your employer with proof of adoption to qualify for paid leave. This must show:


• your name and address and that of the agency

• the match date – eg the matching certificate

• the date of placement.

Negotiators and representatives are encouraged to negotiate contractual pay for the 39 weeks’ statutory paid period.

Adopting from overseas

5.11 If you are adopting a child from overseas you will be entitled to the same provisions as above. But you must have worked continuously for your employer for at least 26 weeks to be entitled to both leave and pay by the time you get your official notification of adoption. The official notification is permission from a UK authority that you can adopt from abroad.

5.12 You must fill in HMRC form SC6 and give it to your employer.

5.13 You must also tell your employer:

• the date of your official notification

• within 28 days of receiving the notification, the estimated date the child arrives in the UK

• how much leave you wish to take and your start date, giving 28 days’ notice.

5.14 To qualify for paid leave, you must give your employer the proof outlined above and:

• the relevant UK authority’s official notification confirming that you are allowed to adopt

• the actual date the child arrives in the UK.

Notice periods

5.15 Once your adoption agency has notified you that a child will be placed with you for adoption, you must notify your employer within seven days. If it is not possible to give that notice, you must do so as soon as is reasonably practicable.

5.16 You must tell your employer:

• the date the child is expected to be placed with you, and

• the date you want your adoption leave to start.

5.17 If you want to change the date that your leave starts, you must generally give your employer 28 days’ notice. If it is not possible to give that amount of notice, you must do so as soon as is reasonably practicable. Unless your employer provides adoption leave on full pay, you must give 28 days’ notice if you are claiming statutory adoption pay.

5.18 Your employer is required to respond to you in writing within 28 days, stating the date on which they expect you to return to work if you are taking your full entitlement to adoption leave.


Evidence

5.19 You must provide your employer with a ‘matching certificate’ supplied by your adoption agency as evidence of your entitlement to paid statutory adoption leave. This certificate will contain information on matching and dates on which the placement is expected.

Surrogacy arrangements

5.20 If you are becoming a parent(s) as part of surrogacy arrangements, you are entitled to leave and pay.

5.21 To be eligible for statutory adoption pay, you must have worked continuously for your employer for at least 26 weeks by the 15th week before the baby is due.

5.22 You must tell your employer the date the baby is due and when you wish to start your leave at least 15 weeks before the expected week of birth. Your employer may ask for confirmation that you have applied, or intend to apply, for a parental order in the six months after the child’s birth. This is called a statutory declaration and must be signed in the presence of a legal professional.

Rights during leave and the right to return

5.23 Your contract of employment continues during adoption leave. So you are entitled to

benefit from normal terms and conditions of employment, except in relation to remuneration. If your contract of employment includes provision for paid adoption leave which is more than the statutory provision, then of course you are entitled to that, otherwise statutory adoption pay applies.

5.24 During the period of unpaid adoption leave, the contract of employment continues and the following terms and conditions will apply:

• the implied term of trust and confidence

• notice of termination of employment provisions

• redundancy terms

• disciplinary and grievance procedures.

5.25 You are entitled to return to the same job after a period of ordinary adoption leave, even if this is followed by a period of parental leave of four weeks or less. If you are returning to work after additional adoption leave, even if this is followed by a period of parental leave, you are entitled to return to the same job. If this is not reasonably practicable for the employer, you must be given a job which is suitable and appropriate for you.

5.26 Your terms and conditions of employment should be unchanged on your return to work. Your pay must be no less favourable on return than if you had not been absent and your seniority, pension and similar rights must also be preserved.


5.27 You do not have to give notice to your employer that you wish to return to work after your full leave entitlement, but you must give 28 days’ notice if you wish to return early.

Redress

5.28 If you feel you have suffered unfair treatment or have been sacked because you have taken, or sought to take, adoption leave, you may seek redress through an employment tribunal. Applications to the tribunal must be made within three months of the employer’s action. Taking legal action is normally a last resort. Your Prospect full-time officer should always be involved if tribunal proceedings are necessary.


Best practice

5.30 Most employers across Prospect areas allow adoptive leave on full pay. Best practice is currently 26 weeks’ paid and 26 weeks’ unpaid leave. Prospect’s policy is to negotiate paid leave on the basis of 26 weeks on full pay and at least half pay for the remaining period of absence.

5.31 Agreements with employers for paid adoptive or paternity/partner leave should not be offset against the provisions for parental leave and leave for family reasons. If your

employer attempts to do this, contact your Prospect representative or full-time officer as soon as possible.

Rights to statutory adoption leave and pay are in addition to your rights to parental leave and time off for family reasons.


6� Other kinds of family leave

Family leave for carers

6.1 Legislation allows for ‘reasonable time off’ to care for dependants in an emergency.

6.2 Prospect believes that time off to deal with domestic emergencies should be paid. Best practice in Prospect areas is up to 10 days’ paid leave a year.

Infertility treatment

6.3 Infertility treatment is time-consuming, expensive and stressful but there is no associated legal right to time off work. However, if a woman is refused leave it could represent unlawful sex discrimination because women may be more likely than men to experience fertility problems.

6.4 The government encourages employers to respond sensitively and sympathetically to staff who are undertaking fertility treatment. Prospect has had some success in negotiating special arrangements with employers. For example the National Radiological Protection Board has agreed since 1996 to grant special leave for infertility treatment. The NRPB staff handbook says: ‘Up to 10 working days special leave with pay may be granted on application to the personnel officer to an employee who requests time off work in order to attend medical appointments for treatment for infertility. Any applications should be supported by a doctor’s letter specifying what is involved and how long the programme is likely to last.’

6.5 English Nature is also committed to supporting the well-being of its staff when individuals are dealing with unusual or difficult personal circumstances. Special leave with pay is granted for infertility treatment. Infertility treatment is defined as the specific occasions when an individual attends a clinic to receive infertility treatment, confirmed by a note from the medical practitioner. Consultations which may lead to infertility treatment are treated as medical appointments. Absence from work as a result of illness arising from infertility treatment is treated as sick absence and will be regarded sympathetically when considering an individual’s sick absence record.

6.6 Time off for employees who seek medical assistance or treatment should not count against their sickness records. If you encounter problems with your employer over time off to undergo such treatments, speak to your local Prospect representative.

Career breaks

6.7 Career breaks are periods of unpaid leave, usually between six months and five years. They may be used to care for dependants, for study purposes, for community or voluntary work or as a way of extending maternity leave. Such schemes allow workers to develop their careers or to take time off to handle their responsibilities and return to work with no loss of status.


6.8 Prospect’s policy is that any period of unpaid leave should not count against staff for service-related benefits, such as accruing annual leave.

6.9 Many public and private sector employers provide career breaks of up to five years as part of their work-life balance policies.

Overseas families

6.10 Employers should consider leave arrangements for employees with close family members who live overseas, so that they can take their annual leave in larger chunks. Special or compassionate leave may also be granted in times of crisis.

Bereavement leave

6.11 Time off in the event of the death of a dependant is covered by the parental leave regulations (see para 3.5). Again, these allow for a ‘reasonable’ amount of unpaid leave. However, many employers provide a specified number of days’ paid leave in these circumstances. Such leave should cover dependants, relatives and those with whom the employee has had a close personal relationship. Parents who have suffered a miscarriage or stillbirth should also be entitled to bereavement leave. Arrangements for bereavement leave should be extended for families living abroad

6.12 The Parental Bereavement Leave and Pay Act is expected to come into force in 2020. This will give all employed parents a day-one right to two weeks’ paid leave if they lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy. Employees with 26 weeks’ continuous service will be entitled to paid leave at the statutory rate. Other employees will be entitled to unpaid leave. Prospect officers and reps are encouraged to ensure that bereaved parents receive full pay for this leave.

6.13 Prospect has produced an Equality Briefing outlining good practice on dealing with bereavement in the workplace (see page 30).

Domestic emergencies

6.14 A growing number of employers allow their staff time off to deal with domestic emergencies such as fire, flood, burglary or personal crises such as the breakdown of a relationship.


7� Other policies

7.1 A variety of flexible working arrangements and ways that employers can provide assistance with childcare are outlined below. Prospect has also produced guidance on a range of family-friendly or work-life balance policies (see page 30). Ask your Prospect representative or full-time officer if you need further advice.

Part-time working

7.2 Part-time work offers flexibility for working parents to balance work and family life, training requirements or leisure pursuits. The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations protect part-time workers from discrimination and ensure rights to equal treatment with full-time workers on a pro rata basis.

Job sharing

7.3 Job sharing is when two people choose to share the duties of one full-time post. Responsibilities, hours, pay and benefits are shared between them. Job sharing can bring additional knowledge, skills and experience to posts at any level and inject a mix of ideas.

Flexible working

7.4 All employees have the right to request flexible working arrangements, whether this is a change to their hours or times of work, or the location in order to work from home.

Employees must have 26 weeks’ continuous employment to be eligible.

7.5 Your application must be in writing and your employer is required “to deal with the application in a reasonable manner”. The key requirements for making a request are:

• the request must be made in writing, stating the date the request is made, the change to working conditions you are seeking, and the date you would like the change to take effect

• what effect, if any, you think the requested change would have on the employer and how, in your opinion, any such effect may be dealt with

• there must be a statement that this is a statutory request and if and when a previous application for flexible working has been made.

7.6 Make sure you get advice from your Prospect representative before submitting your application. This is particularly important because once you have submitted an application, whether or not it is accepted, you will be unable to apply again for 12 months.

7.7 Your employer must notify you of their decision in writing within a “decision period” of three months of the application being made. This can be extended by agreement. It is good practice for employers to meet the applicant at the earliest opportunity to discuss the request.


7.8 The employer may reject a request for flexible working, but only within the reasons set out in the legislation. The conciliation service ACAS has a code of practice and a guide for employers on “handling requests in a reasonable manner”. See also Prospect’s Members’ Guide to Flexible and Part-Time Working.

7.9 If your employer refuses to let you change your working hours or patterns in order to meet childcare or other care commitments, you may be able to take a case of indirect sex discrimination. If the refusal has a disproportionate impact on women workers, the employer has to ‘objectively justify’ their reason. Similarly, if a man is refused changes to his contract where he can show that women would not have been refused, this could also be direct sex discrimination.

7.10 There may also be a claim for discrimination if an employer refuses a disabled worker’s request for flexible working arrangements since this may breach their duty to make reasonable adjustments under the Equality Act.

7.11 If your employer refuses your request, please talk to your Prospect representative or full-time officer as soon as possible.

Flexible working hours and flexitime

7.12 Working hours can be organised flexibly to allow employees to strike a balance between work and home life. Some employers allow staff to vary their start and finish times so that they can collect or leave children at schools, nurseries, etc.

7.13 Formal flexitime systems require employees to work ‘core time.’ This is a period in which all staff must normally be at work, typically two hours either side of a flexible two-hour lunch period. Staff can decide when to start or finish, typically up to two hours before the start of core time and up to two hours after it ends.

Time banking

7.14 There are various ways to ‘bank’ time:

• employees can bank time in order to take extended leave or reduce their working hours for a set period

• time bank credits can be built up from additional hours worked or by converting bonus, profit sharing or incentive scheme payments into time credits

• it can be used as a way of taking time off in lieu (TOIL).

Such schemes may limit the additional hours which are accumulated and the period in which they may be taken.


Term-time working

7.15 This type of arrangement is designed to assist employees with children. There are generally two types of term-time working scheme:

• where the employee’s salary is paid continuously throughout the year, and a certain amount of leave is unpaid

• where employees are paid solely for time spent at work.

V time

7.16 This is voluntary reduced working time, where less money is paid pro rata for the hours worked. Such arrangements are usually for a specified period of time, with no loss of benefits and the right to return to full-time hours.

Compressed working week

7.17 This is where staff work longer but fewer days, eg four-day weeks or nine-day fortnights.

Homeworking/teleworking

7.18 The two types of homeworking or teleworking arrangement are: where employees occasionally work from home to deal with a problem; or where they do most of their work from home, with infrequent attendance at the office.

7.19 These arrangements can help those with particular difficulties in finding childcare or eldercare or where travel to work is a major problem. Associated issues to consider include health and safety, isolation, training and career progression. See Prospect’s members’ guide on homeworking: https://library.prospect.org.uk/download/2005/00631

Check your staff handbook or speak to your local Prospect representative to find out what provisions your employer has introduced to facilitate a better work-life balance.

Childcare

7.20 Employers can help staff with childcare by providing:

Workplace nurseries

7.21 Workplace nurseries can be an expensive option for employers, but they can allay the costs by setting up a nursery jointly with other local employers or the local authority. Another option is for the employer to buy places at local nurseries or playgroups. These costs represent a fraction of a large organisation’s running costs and should be offset against savings from:

• reduced staff turnover

• reduced absenteeism

• reduced recruitment and retraining costs


• improving the organisation’s image to customers and staff.

Out-of-school playschemes

7.22 Employers can help by running kids’ clubs or collaborating with other employers and local authorities. Many civil service departments and agencies operate out-of-school playschemes, sometimes in partnership with each other or with local employers.

Back-up care

7.23 Back-up care enables employers to help when parents’ regular care arrangements break down, eg the regular carer is sick or on holiday, a school is closed, the parent has to work an unexpected extra shift or new working arrangements cause disruption. The employer can buy a number of days in a back-up nursery, which will be available to parents in times of need. This is a flexible and cost-effective solution which benefits working parents and the employer.

Allowances

7.24 Allowances present a flexible alternative for parents who want to make their own childcare arrangements. Some employers help their employees to find local childminders and some even operate childminding schemes, whereby they pay retainer fees to ensure vacancies are available and

can regulate the quality of service. Some employers offer a loan or advance of salary to help parents secure places on schemes. This may enable parents to negotiate a discount if they can pay in advance.

Vouchers

7.25 Childcare vouchers provided by employers are exempt from tax and National Insurance Contributions. Employers may provide the voucher either as part of a ‘salary sacrifice scheme’ or as ‘salary plus’.

7.26 The government has closed the Childcare Voucher Scheme to new entrants but current users can continue to use the voucher as long as they remain eligible to do so and provided they remain with the same employer.

Help with Childcare Costs

7.27 Childcare costs are expensive and it’s likely that this will have a huge impact on your family’s budget.

7.28 Help with the costs of childcare is available from the government and from employers. This could be in the form of tax credits, tax-free childcare and free early education. Find out what help is available at www.gov.uk/help-with-childcare-costs.

Advice/referral schemes

7.29 An increasing number of employers


offer an advice or referral service for practical help with arranging childcare. This may be an in-house service or contracted out to specialist providers. These organisations can provide information on costs, help with finding childcare places and advice on more general problems.

Eldercare

7.30 Many employers provide help and assistance to staff who care for elderly relatives and dependants, such as flexible working arrangements, finding care services, back-up care etc.

Check your staff handbook or speak to your local Prospect representative to find out what support your employer provides for childcare and/or eldercare.


8� Resources and contacts

Prospect guides

• Members’ Guide to Maternity Rights

• Members’ Guide to Equality at Work

• Members’ Guide to Part-Time and Flexible Working

• Members’ Guide to Homeworking

• Negotiator’s Guide to Disability Equality

Prospect equality briefings

• Flexible working

• Work-life balance

• Shared parental leave

• Bereavement leave

Equality Advisory and Support Service

For advice and support about discrimination and human rights contact the Equality Advisory and Support Service: 0808 800 0082

www.equalityadvisoryservice.com

Equality and Human Rights Commission

www.equalityhumanrights.com

ACAS

ACAS produces guidance for both employers and individuals, including:

• Shared Parental Leave – a good practice guide for employers and employees which includes examples and scenarios.

• A very useful infographic summarising the steps employees and employers must take. The SPL pages on the ACAS website also contain helpful template letters and an example policy.

Euston Tower, 286 Euston Road, London NW1 3JJ

See website for regional office addresses.

www.acas.org.uk

email: online form via the website

Working families

Working Families has useful information on their Shared Parental Leave webpages and tools to help parents work out what is best for their family.

Spaces, CityPoint, 1 Ropemaker Street, London EC2Y 9AW

www.workingfamilies.org.uk/

[email protected]

Helpline for parents and carers: 0300 012 0312


Government website resources

Pregnancy and birth www.gov.uk/browse/childcare-parenting/pregnancy-birth

Shared parental leave www.gov.uk/shared-parental-leave-and-pay

Fostering, adoption and surrogacy www.gov.uk/browse/childcare-parenting/fostering-adoption-surrogacy

Financial help if you have children www.gov.uk/browse/childcare-parenting/financial-help-children

If you require this publication in an alternative format, please contact Prospect on 0300 600 1878.

New Prospect House, 8 Leake Street, London SE1 7NN

t 0300 600 1878

e [email protected]

© Prospect, 2006-2018 • PRO-18-00026/OCT18-2,000

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