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1. Family Friendly Rights
By: Caroline Acton
On: 22nd September 2015 @ 13:00
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4. Family Friendly Update
22nd September 2015
Caroline Acton

5. Disclaimer
These materials and the information contained within them are
designed solely for the use of participants on our courses. These
materials shall not be copied or reproduced in any format
whatsoever without the prior consent of Consilia Legal LLP.
The content of these materials and any commentary on the law
contained within the materials is provided free of charge for
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but no responsibility for its accuracy and correctness, or for any
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The information and commentary does not, and is not intended to,
amount to legal advice to any person on a specific case or matter.

6. Family Friendly Rights
• Ante natal appointments
• Maternity Leave
• Paternity Leave
• Adoption Leave
• Parental leave
• Emergency leave for dependants
• Flexible Working
• Shared Parental Leave

7. Ante Natal Appointments
• 1st October 2014 – Workers can
accompany a pregnant woman
• Qualifying Relationship
• Two Occasions
• 6.5 hours per occasion
• Unpaid

8. Adoption Leave
• 5th April 2015
• Day one Right
• SAP is coming in line with SMP
• 5th April also paid time off for up to 5
Adoption Appointments for main
adopter
• Secondary adopter unpaid time off for
up to 2 appointments (as above)

9. Parental Leave
• Distinct and separate to SPL
• Time off to look after children's welfare
• Normally unpaid (check policies)
• 18 weeks per child
• Maximum of 4 weeks in each year
unless agreed to contrary
• 5th April 2015 now extended from
maximum age 5 to 18

10. Emergency time off for dependants
• Normally short term
• Emergencies
• To enable employee to arrange longer
term solutions
• Normally unpaid (check policies)

11. Flexible Working
• Extended to all employees – 30th June
2014
• 26 weeks continuous service
• Less prescriptive process
• Written request
• Application to be dealt with reasonably
• One request in any 12 month period

12. Maternity
• 52 Weeks leave
• OML 26 weeks
• AML 26 weeks
• 2 Weeks compulsory
• Pay – still need qualifying criteria ie
employed for at least 26 weeks up to
the 15th week before the EWC
(qualifying week)

13. Paternity
• One or two weeks paid leave
• If child was due before 5th April 2015 –
up to 26 weeks paid additional paternity
leave
• Now replaced by SPL

14. SMP, SPP and SAP
• SMP – 6 weeks at 90%
• £139.58/week
• Check enhancements
• Check recoupment provisions/ return to
work dependency etc

15. Shared Parental Leave (SPL)
New Legal entitlement – 1 December 2014
Applies to babies due (or children placed for adoption) on or after
5 April 2015
Opportunity to be flexible/share caring arrangements
Leave calculated using mother’s entitlement to maternity/adoption
leave
Employees can:
 stop/start SPL
 return to work during periods of leave

16. Shared Parental Leave (SPL)
Continuous leave: A period of leave that is taken in
one block e.g. four weeks
NB this cannot be refused by an employer
Discontinuous leave: A period of leave that is
arranged around weeks where the employee will return to work
e.g. employee will work every other week for a period of 3 months
NB employer’s agreement required
Must be taken in complete weeks

17. Eligibility
To qualify for SPL a mother must:
 have a partner
Be entitled to either maternity/adoption leave or SMP or
SAP or maternity allowance
Have given notice to reduce their maternity/adoption leave
or their pay/allowance

18. Eligibility Cont..
A parent intending to take SPL must:
Be an employee
Share the primary responsibility for the child with the other
parent at the time of the birth or adoption placement
Have notified employer of entitlement and provided correct
information

19. Eligibility Cont..
In addition:
A parent must satisfy the “continuity of employment test”
•Worked for same employer for at least 26 weeks at end
of 15th week before the due date
•Still working for same employer at the start of each
leave period
A partner must meet the “employment and earnings test”
•In the 66 weeks leading up to expected due
date/matching date, worked for at least 26 weeks and
earned an average of at least £30 (as of 2015) a week in
any 13 weeks
•Can be employed, self- employed or an agency worker
What happens if only one parent is eligible?

20. Shared Parental Pay (ShPP)
To qualify:
An employee must meet the “continuity of employment
test”
Their partner must meet the “employment and earnings
test”
In addition the employee must:
•have earned above the “Lower Earnings Limit” in the 8
weeks leading up to and including the 15th week before
the due date
•Still be employed by the same employer at the start of
the first period of ShPP.

21. The Process Cont..
Booking Leave
Booked at the same time as notification or later
8 weeks notice before intend to take leave
Entitled to submit three separate notices to book leave
Employer’s response
Continuous or discontinuous leave?
Discontinuous – 14 calendar days to discuss
Outcome – accept, agree with modifications, refuse, fail to
respond

22. Questions

23. Telephone: 0113 3571317
Website: www.Consilialegal.co.uk
email: caroline@consilialegal.co.uk
Twitter: @consilialegal
@consiliaemplaw
Instagram: Consilia_Legal
Thank You

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