employmentan introduction to Family Friendly Rights for:

Birth Parents whose baby is due on or before 4 April 2015

What? Up to 52 weeks’ leave. The first two weeks after birth (or four weeks for factory workers) are compulsory maternity leave.

When? From 11th week before the expected week of childbirth (EWC).

Who? Day one right for all pregnant employees.

Notice? *By no later than 15th week before the EWC.

Additional? An employee on maternity leave can work up to ten paid keeping in touch days (KIT days).

This is a summary of the family friendly statutory employment rights for employees who are birth parents whose baby is due on or before 4 April 2015.

For notice periods marked*, where it is not reasonably practicable for an employee to provide notice at the times set out (e.g. where the mother does not realise she is pregnant on those dates) notice must be given as soon as possible after it becomes reasonably practicable.

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Statutory Maternity Leave

What? Up to 39 weeks’ pay.

For the first six weeks – at 90% of normal weekly earnings (for monthly paid employees based on the two monthly payslips before the end of the qualifying week (the 15th week before the EWC)).

For the following 33 weeks (or until employees return to work) the statutory rate** or 90% of normal weekly earnings, whichever is lower.

When? Normally at the same time as statutory maternity leave.

Who and Requirements? Employees:

• continuously employed for at least 26 weeks by the end of the qualifying week (see above);

• with normal weekly earnings in the eight weeks up to and including the qualifying week at least equal to the lower earnings limit for national insurance purposes**;

• still pregnant or have already given birth 11 weeks before the start of the EWC; and

• who provide a certificate (normally MAT B1) from a midwife/doctor confirming the EWC.

Notice? *28 days’ notice.

Statutory Maternity Pay

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What and when? One or two weeks’ consecutive leave to be taken in weekly blocks within 56 days (eight weeks) after the child’s birth.

Who? Employees who are:

• the biological father of the child and expect to have responsibility for the child; or

• the mother’s spouse or civil partner or someone (whether of a different sex or the same sex) who lives with the mother and the child in an enduring family relationship but is not the mother’s relative (i.e. child, parent, grandchild, sibling, aunt, uncle, niece or nephew)

and expects to have the main responsibility for the care of the child (apart from the mother).

Requirements? Employees continuously employed for at least 26 weeks by the end of the qualifying week (the 15th week before the EWC).

Notice? *By no later than 15th week before the EWC.

Ordinary Paternity Leave

What? One or two weeks’ pay at the statutory rate**.

When? Normally at the same time as ordinary paternity leave.

Requirements? As for ordinary paternity leave, plus normal weekly earnings in the eight weeks up to and including the qualifying week (see above) must be at least equal to the lower earnings limit for national insurance purposes**.

Notice? *28 days’ notice.

Ordinary Paternity Pay

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What? Two to 26 weeks’ leave to be taken in weekly blocks in one continuous period of leave.

When? From 20 weeks after the child is born, but completed by the child’s first birthday.

Who? As for ordinary paternity leave.

Requirements? As for ordinary paternity leave, plus:

• the mother must have been entitled to statutory maternity leave, statutory maternity pay or maternity allowance;

• the mother must have returned to work before additional paternity leave can start.

Notice? 8 weeks’ notice.

Additional Paternity Leave

What? Entitlement depends on the number of weeks of statutory maternity pay/maternity allowance left untaken by the mother and it is paid at the statutory rate**.

When? From 20 weeks after the child is born and ending when the mother’s statutory maternity pay/maternity allowance period would have ended.

Requirements? As for ordinary paternity leave, plus:

• the mother must have been entitled to statutory maternity pay/maternity allowance and have returned to work with at least two weeks of her statutory maternity pay period/maternity allowance remaining;

• the employees must be taking additional paternity leave in order to care for the child during the period in which they will receive additional paternity pay.

Notice? 8 weeks’ notice.

Additional Paternity Pay

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Parental LeaveWhat? Up to 18 weeks’ unpaid leave per child to enable the parents to look after their

child’s welfare, e.g. to look at schools, spend time with them. Up to 4 weeks’ parental leave can be taken per year. To be taken in weekly blocks except where the child is entitled to disability living allowance.

When? At any time before the child’s fifth birthday or, in the case of a child entitled to disability living allowance, until their 18th birthday. From 5 April 2015 parents will be able to take parental leave up until their child’s 18th birthday.

Who? Employees with at least one year’s continuous service who have or expect to have responsibility for the child.

Notice? At least 21 days’ notice before the intended start date of the leave.

Other family friendly rights include the right to request flexible working and time off for antenatal appointments.

IMPORTANT NOTE: Family friendly rights is an extensive area of law. The above is intended to provide an overview only. Full details of the rights, notification requirements, eligibility etc can be provided by the Howard Kennedy Employment team. We have a separate guide for those with babies due on or after 5 April 2015.

**The prescribed statutory rates are revised annually. The rates and limits per week for 2014/2015 and 2015/2016 financial year are as follows:

2014/2015 FY 2015/2016 FY

£138.18 £139.58 Statutory Maternity Pay Ordinary Paternity Pay Additional Paternity Pay

£111 £112 Lower earnings limit for national insurance purposes

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For more information, please contact:

Louise GibsonAssociate: EmploymentT: +44 (0)20 3755 5467E: louise.gibson@howardkennedy.com

Carolyn BrownPartner: Head of Employment T: +44 (0)20 3755 5390 E: carolyn.brown@howardkennedy.com

No.1 London Bridge London SE1 9BGDX 144370 Southwark 4

Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000

www.howardkennedy.com