Families and pregnancy toolkit

A toolkit to direct users to Practical Law Employment materials on shared parental leave and pay, pregnancy, maternity leave and pay, paternity leave and pay, adoption leave and pay, parental leave, flexible working and time off for dependants.

Shared parental leave and pay

The Children and Families Act 2014 reformed statutory maternity, adoption and paternity leave and pay and introduced a right to shared parental leave (SPL) for parents of babies due on or after 5 April 2015 or for those with whom a child is placed for adoption on or after that date..

For links to all our materials on shared parental leave and pay, including practice notes and standard documents, background materials on the public consultations, and further guidance from BEIS and Acas, see Shared parental leave and pay: toolkit ( www.practicallaw.com/5-590-1686) .

 

Pregnancy, maternity leave and pay

Practice notes and checklists

The rights and responsibilities of and towards pregnant employees, and the legal framework for taking ordinary maternity leave (OML) and additional maternity leave (AML) and statutory maternity pay (SMP), are considered in:

General

Pay, pensions and other benefits

Action points and timelines

Key points to consider with an employee before they are either about to commence or return from maternity leave are set out in:

Policies

For workplace policies setting out arrangements for maternity leave and pay based on the statutory framework, plus optional paragraphs for company maternity pay, see:

Letters and forms

For HMRC forms for employers and employees, see:

Notification of pregnancy

For standard letters for use when an employee needs to notify their employer that they are pregnant and intend to take maternity leave and dealing with circumstances when maternity leave is started early, see:

Health and safety

Employers have specific health and safety duties in relation to women of childbearing age and women who have notified the employer of their pregnancy (see Practice note, Pregnancy and maternity: the legal framework: Pregnancy: Health and safety ( www.practicallaw.com/7-502-9721) ). For standard letters for use when undertaking risk assessments and dealing with the impact of the working environment on pregnant employees, see:

Redundancy during maternity leave

For standard letters for use when an employee on maternity leave is included in a redundancy exercise, see:

Keeping in touch

For standard letters for use to ask an employee to attend a keeping-in-touch (KIT) day, or to respond to an employee's request for a KIT day, see:

Returning from maternity leave

For standard letters for use when an employee advises of their intention to return early from maternity leave, see:

 

Paternity leave and pay

Practice notes

General

For information on the statutory rights to ordinary paternity leave (OPL) on the birth or adoption of a child, see:

Pay and pensions

For information on statutory paternity pay following the birth or adoption of a child, and the pension rights of those on paternity leave, see:

Policies

For workplace policies setting out arrangements for paternity leave and pay based on the statutory framework, plus optional paragraphs for company paternity pay, see:

Letters and forms

For HMRC forms for employers and employees, see:

Paternity leave notifications

Birth. For standard letters for use when an employee gives notice of their intention to take ordinary paternity leave (OPL) following the birth of a child, see:

Adoption. For standard letters for use when an employee gives notice of their intention to take OPL following the adoption of a child, see:

Keeping in touch

For standard letters for use to invite an employee on additional paternity leave to attend a keeping-in-touch (KIT) day, or to respond to an employee's request for a KIT day, see:

 

Adoption leave and pay

Practice notes

For the rights of employees to statutory adoption leave and statutory adoption pay when a child is placed with them for adoption, and information on pension rights during adoption leave, see:

Policies

For workplace policies setting out arrangements for adoption leave and pay based on the statutory framework, plus optional paragraphs for company adoption pay, see:

Letters and forms

Notifications

For standard letters for use when an employee gives notice of their intention to take adoption leave, see:

For HMRC forms for employers and employees, see:

Keeping in touch

For standard letters for use to invite an employee to attend a keeping-in-touch (KIT) day, or to respond to an employee's request for a KIT day, see:

 

Parental leave

Parental leave is a form of statutory unpaid leave available to some working parents in addition to statutory maternity, paternity and adoption leave. It can last up to 13 weeks, and be flexible in terms of the time at which it is taken and the way in which the total leave entitlement may be split up into a number of shorter periods.

Practice notes

The statutory scheme for unpaid parental leave scheme and its implications for workplace pensions are considered in:

Policies

For workplace policies setting out arrangements for unpaid parental leave, see:

 

Time off for dependants

Practice notes

The right for employees to reasonable unpaid time off work at to deal with unexpected situations affecting their dependants, such as a child falling ill, is considered in:

Policy

For a workplace policy reflecting the statutory time off for dependents scheme, see:

 

Flexible working

Since 30 June 2014, any employee with at least 26 weeks' continuous service has been able to make a statutory request for flexible working for any reason. The following materials address the position under the current legislation.

Practice notes and flowcharts

The right to request flexible working is considered in:

The procedure that an employer should follow on receipt of a statutory flexible working request, taking account of the recommendations made by the Acas statutory Code of Practice, is set out in:

Policies

For workplace policies reflecting the right to request flexible working, see:

Letters and forms

For standard letters for use in relation to a flexible working request, see:

Amending the contract

Flexible working requests may lead to amendment of the employment contract. For suggested clauses to implement common types of request (based on the Standard document, Employment contract for a junior employee ( www.practicallaw.com/0-200-2040) ), see:

The law up to 30 June 2014

The position on statutory requests for flexible working up to 30 June 2014 was considered in Practice note, Flexible working (until 30 June 2014) ( www.practicallaw.com/6-242-5956) . Standard letters relevant to requests under the statutory request procedure in force up to 30 June 2014 can be found in the Related Content section of that practice note. This information is of largely historical interest although it is possible that some claims under the old law may still be in the tribunal system.

 

External resources

The following links are external documents on statutory maternity pay, adoption pay and ordinary and additional statutory paternity pay. Please note the HMRC helpbooks are old and may not be up to date. HMRC stopped producing them in PDF format after 2013 when it started putting its information on statutory leave and pay onto the GOV.UK site (see the links below).

 
{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247518937290", "objName" : "ACT_OWNED - READ_ONLY - 0-507-8989", "userID" : "2", "objUrl" : "http://uk.practicallaw.com/cs/Satellite/resource/0-507-8989?null", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "true", "analyticsPermCookie" : "2-3b01f5d1:15b15deebd9:5bfa", "analyticsSessionCookie" : "2-3b01f5d1:15b15deebd9:5bfb", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }