Government urged to improve parental leave

The Women and Equalities Committee has issued a stark warning about the state of paternity leave in the UK, claiming it to be among the “worst statutory leave offers for fathers and other parents in the developed world.” In its latest report, the committee pointed out that the maximum two weeks of paternity leave is “completely out of step with how most couples want to share their parenting responsibilities” and “entrenches outdated gender stereotypes about caring.” The report urges the Government to amend the Employment Rights Bill to provide a day one right to paid leave or to “consider this vital change within its review” in consultation with employers.

Nicola Wallbank, an employment partner at the law firm Freeths, elaborated on the current system in her statement. She noted, “In the UK, the current right is for fathers and same-sex partners to take up to two weeks of statutory paternity leave. This must be taken within 52 weeks of a child’s birth and is paid at the rate of £187.18 a week or 90% of average weekly earnings (whichever is lower). The current system certainly does lead to many new fathers and same-sex partners falling through the gaps in the system.” Wallbank highlighted that those who are self-employed or who have been with their employer for less than 26 weeks are often left without any entitlement to paternity leave or pay.

Since its introduction in 2014, the shared parental leave scheme was designed to enable fathers and other parents to take a more active role in early child-rearing. This scheme allows parents to switch between maternity leave and shared parental leave, permitting up to 50 weeks of leave and 37 weeks of pay to be shared flexibly. However, Wallbank raised concerns about the implementation of this scheme, stating, “The complexity of the regime (which many employees and employers don’t understand), and the fact that it effectively takes the leave away from the parent on maternity leave contribute to this poor take up.”

Moreover, Wallbank remarked on the proactive steps taken by some larger employers to enhance their parental leave offerings. “We see many, often larger, employers taking it upon themselves to provide enhanced maternity, paternity, adoption and shared parental entitlements in a bid to support their staff and provide a more attractive array of benefits,” she explained, noting that legal advice is often sought to ensure fairness and non-discrimination in these policies.

With the committee's recommendations in mind, there is hope for positive changes in the statutory paternity leave system. A more generous regime could greatly benefit families, especially those on lower incomes. As many agree that enhancing leave for both parents is advantageous, smaller businesses are understandably concerned about the potential financial burdens and resource challenges that might arise from such changes. The future of parental rights in the UK may well depend on how effectively these concerns are addressed.