It has been a little more than ten years since men were granted statutory paternity rights in the UK, but not all businesses apply the law in the same way. So what rights of pay and leave do new fathers have once their baby is born—and how can recruitment agencies help businesses adjust?
What are the new paternity benefits?
Eligibility:
Men are entitled to paternity leave if their partners are expecting a baby, or if they are adopting a child. You do not have to be married, but must be in a relationship with the expectant mother, and must by requesting the time off specifically to look after the child.
Expecting fathers are entitled to at least two weeks’ leave from the day the baby is born providing they have a contract with the employer, have been employed with the same company for at least 26 weeks, are the biological father of the child with a responsibility for the upbringing, and have given your employer sufficient notice (no later than the 26th week of pregnancy).
The UK government also allows new fathers up to 26 weeks paternity leave if your partner chooses to return to work before the end of her statutory rights. This is known as Additional Paternity Leave (APL). It should be noted that the right to APL will cease for babies born on or after 1 April 2015, as shared parental leave, where mothers who choose to return to work can “gift” unused leave to their partners, kicks in.
Entitlements:
Employees may choose whether to take one or two weeks (a week is counted as your normal contracted days, therefore if you only work two days a week, two days counts as one week). If you have worked continuously for the same employer for more than one year, you are entitled to extended leave, but this will be unpaid. The Statutory Paternity Pay (SSP) for the tax year 2014/15 is £138.18 a week, or 90% of your weekly income, whichever is lower. However, a generous employer may offer you more.
Leave cannot be taken before the baby is born, and it must be taken within the first 56 weeks following the birth. The same rules apply if you are adopting.
An HR headache
These leave benefits are a huge advance for men and working families, though from the business’s point of view it can feel as though the ground is shifting under your feet. We all know the main benefits of flexible family policies in the office: A happier workforce, people working at their most productive hours, better employee retention that can ease rising salary pressure.
However, actually implementing these policies can be a huge challenge. How do you keep track of which employees will be out when, especially in a large company? How do you find coverage for employees that may be missing high-profile or specialised projects? Smaller or more “agile” business models, such as those at play in many software development or digital marketing firms, can feel particularly hard-hit by these government requirements, and it can feel as though you are spending more time searching for temporary employees to cover absences than actually focusing on your core message.
Enter the recruiters
Businesses with high retention or in desirable fields can be loathe to work with recruitment firms; sometimes it just doesn’t feel worth it to shell out for external hiring help when you have stable employees, or plenty of applications coming in the door. But recruitment agencies, who are well-versed in employment law, can help you keep up with the changing legal requirements around parental leave, as well as allow your team to focus on the workload issues by taking hiring off your plate.
There are also additional benefits to utilising recruiters’ employment expertise, such as consulting on dismissal practise. In some cases, such as when an employee chooses not to return at the end of their leave, it may be difficult to terminate the covering employee. In these cases, consultations with a recruiter, as well at their contract-writing experience, could save you a complicated legal tangle with any temporary employees you choose to hire.
The new laws are designed to make family life easier and more rewarding for employees with children, and this is to be applauded. But for the employer, it’s vital to keep business running smoothly and in compliance with ever-changing regulations. Recruitment firms are poised to provide this assistance with a minimum of hassle, and a potentially significant return.
