The Government's new Green Paper, "Work and Parents: Competitiveness and Choice", has met a hostile reception from employers' bodies and a mass of press commentary.
In fact, the Green Paper simply sets out a range of options for consultation over the next three months. It makes it clear that many of the options will not be implemented. Interested groups are asked to state their top three priorities for action - and their lowest three priorities. This means that, at this stage, it is unclear how the law will change. Indeed it is unclear when, even if, the law will change. Responses are required by 7th March 2001. As a General Election is likely in the Spring it seems that any recommendations will be manifesto issues to be passed into law if the Labour Party is re-elected.
The options include:
- two weeks paid paternity leave for fathers at the SMP rate;
- lengthening the period of paid maternity leave from 18 weeks to six months;
- extending unpaid maternity leave so a woman could stay at home for a total of one year (currently 40 weeks);
- sharing any increase in existing unpaid maternity leave equally between the mother and the father;
- increasing the flat rate of statutory maternity pay (currently GBP 60.20 per week);
- allowing an adoptive parent - either male or female - to take paid leave similar to maternity leave when adopting a child; and
- increasing the amount of parental leave available to the parents of disabled children, currently 13 weeks.
The Green Paper also includes several options on flexible working either through legislation or incentives to business including:
- giving mothers the right to work reduced hours in lieu of their maternity leave;
- giving fathers the right to work reduced hours until the end of the mother's maternity leave;
- allowing both parents the right to opt to work reduced hours for as long as they wish, when the maternity leave period ends;
- giving all employers the right to refuse a request to work reduced hours if it would harm the business; and
- exempting employers with a certain number of employees from granting any requests to work reduced hours, except for mothers for a short time.
Much of the debate generated by the Green Paper centres on the proposed flexible employment practices. Business groups are claiming that while such practices should be encouraged they should not be regulated.
If you want to participate in the consultation you will find the Green Paper on the DTI website at www.dti.gov.uk. If you want to discuss its implications for your business or have any other queries on maternity or parental rights, please contact Simon Jeffreys by e-mail at simon.jeffreys@cms-cmck.com or by telephone on +44 (0)20 7367 3000.
