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Could paternity leave be about to change?

As an employer, it can be challenging to keep pace with the regularly changing rights and responsibilities that you have towards your employees.

One thing that has remained unchanged for two decades has been paternity leave.

While mothers are entitled to 52 weeks of maternity leave, their partners are only entitled to two weeks of paternity leave.

What is the case for increasing paternity leave?

Given that it was introduced in the Employment Act 2002 and has remained static ever since, there are many who no longer feel that the two weeks of paternity leave reflect contemporary societal attitudes and values.

The disparity between the 52 weeks of maternity leave and the two weeks of paternity leave disproportionally places the emphasis of child raising on the birthing parent regardless of the dynamic of the couple.

Although paternity leave applies to fathers and same-sex partners alike, it is undeniable that paternity leave reinforces a patriarchal view of the domestic division of labour.

Regardless of the aspirations of either parent, there is currently no recourse for the exchange of leave after the birth of a child.

This can result in women forgoing a year of work even if they are higher earners, more career-driven, or less inclined towards childcare than their partners.

As a result, a group of MPs have recently come together to request six weeks of paternity leave as a replacement for the two weeks that are currently available.

How will paternity change in the future?

Even if the UK introduce a six week paternity leave, it will still fall short of many other countries.

The rules will bring the UK closer to the new French ruling that permits working partners a 28 day paternity leave.

Spain has a more generous 16 weeks of paternity leave with full pay.

Yet Sweden is the place closest to a truly equal system by embracing 480 days of paid parental leave to be divided between parents accordingly with 90 days reserved for the non-birthing partner.

On the other hand, the USA still does not have federally mandated paid paternity leave, so the UK is not the worst place for this issue in the West.

Change is slow, but it is worth employers understanding the potential scope of this issue.

As workforces become populated by more socially conscious younger generations, debates around equality are set to continue.

The statutory paternity leave is only a minimum and employers are at liberty to create their own paternity rules if they wish to offer more time or more pay than the standard amount.

Given the tone of the ongoing conversation, there is scope for employers to get ahead of the curve and offer more generous options for workers.

If there are concerns surrounding the affordability of such plans, they could be tied to the length of employment or value to the company.

Provided an employer is seen to be acting fairly and has a clearly defined paternity leave policy that meets the statutory requirements, then such measures will be compliant with Government guidelines.

We can assist you in determining the best way to navigate this issue and assist with the creation of contracts that clearly define the rights of all parents, regardless of the makeup of the family.

For advice and guidance on supporting your employees, speak to our team today.

Amanda Hyam

Head of Dispute Resolution and Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.