Bringing up Baby

Transferable Maternity Leave – the Government’s Proposals

The recent publication of the Government’s latest plans under its work/life balance policy seems, judging by media comment, to have caused something of a stir most notably in relation to the proposal to permit part of a mother’s paid maternity leave to be transferred to a father by way of additional paid paternity leave. Some comments suggest that there could be misapprehension as to what exactly the government is proposing in relation to this and it may therefore be helpful to clarify the background and set out the stated intention

The current proposals follow a government consultation paper earlier in the year aimed at giving further choice and flexibility to families in how they balance work and care responsibilities. In this the Government are pursuing a policy embarked upon before the general election and restated in their election manifesto. What the government has done is to set out in general terms the matters that it intends to include in a bill to be brought forward in the next couple of months with a view to the changes proposed coming into operation in April 2007.

There are a number of ‘family friendly’ employment rights proposed to be included in the bill in relation to maternity leave in particular. One is the intention to increase the right to paid maternity leave from the current period of six months, ultimately by the end of the current parliament to 12 months but initially to nine months from April 2007. This proposal is welcomed by trade unions but concerns have been expressed by the business community, particularly small businesses where the view is that such an extension will compound the existing problems and expense of finding cover for longer periods of maternity leave.

However, it is not the extension of maternity leave as such which seems to be the most controversial part of the proposals. It is the intention to enable part of this extended paid maternity leave to be transferred to fathers that has been the cause of comment. The published intention is that there is to be some transfer of paid leave from mother to father but there are to be further consultations on the detailed proposals and arrangements for transfer of leave. What the government has said at this stage is that the first six months of paid leave will not be transferred and hence it seems that the intention is that up to three months of the new nine month period of paid leave may be transferred subject to conditions as yet to be determined.

The transferability of leave has raised concerns from businesses in relation to the administrative problems that would be likely to arise in the monitoring of which parent is entitled to what leave. It is seen as being likely to bring about more red-tape and expense for businesses to absorb. The government’s proposals have recognised that this is a legitimate concern and that a ‘light touch’ is required in relation to the administration of this new right and it is for this reason that it has said that it intends to further consult about the details of the proposal. The government’s stated aim is to ensure that the burden on business is minimised. Some may say that they have heard that before. Time will tell whether this aim is achieved but, no doubt, businesses will not be holding their breath.

Please contact Kevin McKernan for further information.

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