August marks “Work and Family Balance Month” but being a family-friendly employer is not just a trend; it's a conscious effort to create a supportive and inclusive work environment. By implementing family-friendly policies, your company can show your commitment to the well-being of your employees and their families too.
First and foremost, it's important to recognise that supporting your employees during significant life events, such as having a baby, adopting a child or in difficult circumstances such as becoming a carer for a loved one, is not only the right thing to do but also beneficial for your business. Maternity leave and other family-friendly policies can contribute to higher employee morale, increased loyalty, and ultimately improved retention rates. Moreover, it can also enhance your brand, making your company more attractive to prospective talent!
Creating a supportive and understanding work culture is essential. Employers should foster an environment where employees feel comfortable discussing their family needs without fear of negative repercussions. Open communication is key, and employers should be open to discussing individual circumstances and finding solutions that work for both the employee and the business.
What are the key things I need to know about maternity and adoption leave?
One of the most important family-friendly policies is Maternity Leave. It's crucial for new mothers to have the time they need to recover after birth and bond with their newborn.
Additionally, offering Adoption Leave shows support for employees who are growing their families through adoption.
All pregnant employees and those that have adopted a newly placed child have the right to take up to 52 weeks leave, this is regardless of their length of service. Both Statutory Maternity Pay and Statutory Adoption Pay is paid for up to 39 weeks.
If returning to work after 26 weeks or sooner, an employee is entitled to return to the same role on the same terms as when they left to go on leave. If returning after 26 weeks an employee is still entitled to return to the same role unless you the employer has a good business reason as to why not. If this is the case you should offer the employee a suitable alternative role on the same terms and conditions.
You should assume as an employer that an employee on Maternity or Adoption Leave will take the full 52 weeks leave. If an employee wants to return to work sooner, they must give you at least eight weeks’ notice to do so.
As of 6th April 2024 pregnant employees or those on maternity leave have an extended redundancy protected period. Before these changes employees were only protected whilst on maternity leave. The redundancy protection period during pregnancy and maternity leave now starts when an employee informs you that they are pregnant, and ends 18 months after the exact date that the child was born. If an employee does not notify you of the exact date, then the protection ends 18 months after the expected week of birth.
Employers should make themselves aware of the law in relation to pregnant employees and protected periods to avoid pregnancy discrimination. Read more about redundancy protection for pregnancy and new parents in this acas update.
Employment Tribunal Case Study
Lorraine Powell wins over £19,000 discrimination pay-out.
An article in HR Magazine, explains that a HR Manager was dismissed whilst pregnant during her probation period was pregnancy discrimination. A recent employment tribunal HR Manager dismissed whilst pregnant during her probation period was pregnancy Discrimination.
The Facts:
Lorainne Powell became pregnant during her probation period at a transport company. When she informed her employer of her pregnancy she was called into a probationary review meeting where she was dismissed and offered a new job with less hours and lower pay. In addition to this, Lorraine was bullied and excluded from staff social events. She was invited to a disciplinary meeting in which she resigned.
The Judgement:
In Lorraine Powell v One Transport UK, the Employment Tribunal found that Lorraine had been treated differently to other employees recruited after herself and employees that were not pregnant. The tribunal found no evidence to support why only Lorraine was treated this way and not other employees.
The Tribunal ruled that she had been discriminated against during pregnancy and that she was unfairly and constructively dismissed.
How do I handle paternity leave for my employees?
Fathers play an essential role in the family dynamic, and offering Paternity Leave allows them to be present during those crucial early days of their child's life. This policy acknowledges the importance of a father's involvement in childcare and promotes gender equality in the workplace.
Recent changes to paternity leave since 6th April 2024 allows Paternity Leave to be split into two blocks of one week, to be taken at any point during the first year after the birth or adoption of their child.
What is shared parental leave, and how does it work?
Shared Parental Leave allows parents to share the responsibility of caring for their child during the first year. This policy provides flexibility and recognises that both parents should have the opportunity to be actively involved in raising their child.
Eligible parents can share up to 52 weeks of leave and up to 38 weeks of pay between them. This leave must be shared in the first year after the child is born. Employees must give you written notice that they wish to take leave in this way.
Shared Parental Leave allows mothers to end Maternity Leave early and enables one or both parents to take leave in a more flexible way during their baby’s first year. Parents can take time off at the same time or separately.
My employee would like to take parental leave, what is this?
Eligible employees are entitled to take parental leave to look after their child. Parental leave is unpaid and employees are entitled to take 18 weeks leave for each of their children.
This entitlement is up to the child’s 18th birthday. There is a limit of 4 weeks per year, per child. A week is equal to the length of time the employee usually works over 7 days. These must be taken as whole “weeks”.
An employee is eligible for parental leave if they meet the following criteria:
They have been with the company for more than a year
They are named on the child’s birth or adoption certificate or they have parental responsibility
They are not a foster parent
Their child is under the age of 18
An employee wishing to take parental leave must give you 21 days’ notice of the date that they wish to take leave from. Employees must confirm to you the start and end dates of the requested parental leave. You cannot delay this leave without a significant business reason, if the leave is being taken immediately after birth or adoption; or if delaying the leave would mean that the employee would no longer qualify, i.e. postponing past the child’s 18th birthday.
If you do need to postpone requested parental leave you must explain why you wish to do this in writing within 7 days of the request. You must suggest a new start date that is within 6 months of the requested start date and you cannot change the amount of leave requested by the employee.
How can I help an employee going through still birth or neonatal loss?
When an employee goes through the heartbreaking ordeal of stillbirth or neonatal loss, it's important for employers to provide the necessary support and understanding during such a difficult time. As an employer, it's crucial to approach this delicate situation with empathy and sensitivity.
If your employee has a child that is still born before the end of the 24th week of pregnancy this is treated as a miscarriage. An employee may ask for time off in the form of compassionate leave in this circumstance, they could also take annual leave or agree a period of unpaid leave. An employee is entitled to take sick leave after a miscarriage should they not be well enough to work. There is no time limit on sickness following a miscarriage as this is considered a “pregnancy related illness”.
If an employee’s child is stillborn after 24 weeks of pregnancy the mother can get up to 52 weeks of statutory maternity leave or pay and the father can get up to 2 weeks of maternity leave or pay. Both will be entitled to 2 weeks of parental bereavement leave after the maternity or paternity leave is finished.
Supporting an employee through stillbirth or neonatal loss requires a thoughtful and compassionate approach. By demonstrating empathy, flexibility, and open communication, employers can provide a vital source of support during an incredibly difficult time in an employee's life.
How do I support employees needing parental bereavement leave or parental leave?
Losing a child is a devastating experience, and employees should be supported during such difficult times. Parental Bereavement Leave provides the necessary time off to grieve and seek support without the added worry of work responsibilities.
Bereaved parents can choose to take up to two weeks of leave. These weeks can be taken at different times or in a single block of two weeks. As an employer you cannot refuse or amend the dates chosen by the bereaved employee.
With the changes as of 6th April 2024 Statutory Pay, including Maternity, Paternity, Adoption, Shared Parental Leave and Parental Bereavement Pay will increase from £172.48 to £184.03 per week.
What do I need to know about carer's leave?
Many employees have caregiving responsibilities for elderly parents, spouses, or other family members. Offering Carer’s Leave acknowledges the importance of supporting employees who are balancing work with caring for a dependant. A person is your dependant if they are your spouse, civil partner, child or parent.
Carers in employment have a statutory right to take up to the equivalent one working week of unpaid leave each year to fulfil their caring responsibilities in giving or arranging care for a dependant that needs long term care. The right to take Carer’s Leave applies from day one of their employment and can be taken in half days, full days or a whole work week.
An employer cannot refuse a request for carers leave but you can ask an employee to take the leave a different time. If you wish to do this and delay the requested leave you must agree another date that is within one month of the requested leave date and do this in writing along with the reason for the delay. You must do this within 7 days of the original request and before the requested start date of the carers leave.
It is essential to have a clear policy and discuss individual situations with your employees. You can consider offering paid carers leave or offer flexible working arrangements to support your employees during this challenging time.
As an employer you may choose to pay your employees for this leave but it is not a requirement.
What difference will these policies make to my business?
By understanding these family-friendly HR practices and implementing supportive policies, your business can foster a positive work environment and ensure your people feel valued and supported during critical life events, whilst ensuring your business is legally compliant with employment law.
Get in touch with us today about putting the policies in place to create a family friendly workplace.
Comments