Employers should plan and budget for new rules from 6 April 2020 which say that an employee who is the parent of a child who dies before reaching 18, or who suffers a stillbirth after 24 weeks of pregnancy, is entitled to parental bereavement leave.
Maternity, paternity and adoption
Find legislation and guidance on employee's rights and employer's responsibilities relating to maternity, paternity and adoption, including discrimination against those being pregnant or on maternity leave.
What's on this page?
Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Case law: Supreme Court agrees it is not discriminatory to pay fathers on shared parental leave less than mothers on maternity leave – at least if the shared parental leave is only for 14 weeks
Employers offering enhanced contractual maternity pay to mothers are not guilty of direct or indirect discrimination, and are not breaching equal pay rules, if they fail to give enhanced pay to fathers taking shared parental leave as well, the Supreme Court has confirmed.
Case law: Settlement agreement with pregnant employee must specify statutory maternity pay otherwise not covered
Employers settling claims by pregnant employees who want the settlement agreement to cover statutory maternity pay (SMP) must expressly mention it in the agreement, otherwise it will not be covered and the employee will be able to claim it separately.
Case law: Reducing holiday and other pay-related compensation because of employee’s parental or other leave may be indirect discrimination
Employers calculating redundancy, holiday or other pay-related compensation should take advice before reducing it if the employee has recently been on parental leave (or other leave during which they receive no or reduced pay), according to an EU ruling.
The Library provides full text access to a selection of key business and reference eBooks from leading publishers. eBooks are available to logged-in ICAEW members, ACA students and other entitled users. If you are unable to access an eBook, please see our Help and support advice or contact email@example.com.
Maternity and paternity
This chapter of the handbook looks at the maternity and paternity rights applying to employees including: maternity, paternity and adoption pay; maternity, paternity and adoption leave; shared parental leave and pay; time off for antenatal care. Contains sample policies and letters.
Working hours and holidays
This chapter looks at the Working Time Regulations 1998; annual holidays; parental leave; Sunday working; the employment of schoolchildren; and flexible working.
Maternity/paternity rights, Adoption leave and pay, flexible working for parents and carers
These sections of the chapter on employment law cover the rights of working parents including maternity and paternity leave and pay; shared parental leave and pay; adoption leave and pay, flexible working for carers and parents; time off for dependents; and the right to return to work after maternity leave.
Acas guidanceAdvice, guidance and practical resources on a wide variety of recruitment topics for both employers and employees, produced by the Advisory, Conciliation and Arbitration Service, Acas. Acas is the employment relations service for England, Scotland and Wales offering practical, independent and impartial advice to employers, employees and their representatives.
Acas short video answering commonly asked questions by employers and employees regarding flexible working.
Acas shared parental leave template letters and forms for employers.
Acas guidance on issues related to maternity and paternity regulations and the rights of adoptive parents.
Acas key guide offering an insight into how pregnancy and maternity discrimination can occur in the workplace, the employer's obligations and how it can be dealt with.
Acas guide to shared parental leave, covering steps to take and key considerations for both employees and employers.
It'll cost you...
The article offers advice on legislation related to human resources (HR) compliance in Great Britain. Topics include dealing with discrimination law, the Transfer of Undertakings (Protection of Employment Regulations (TUPE) related to service provision, and flexible working regulations. Also noted are employment law related to religion, shared parental leave (SPL) regulations, and the need for written records of employee discipline and grievance procedures..
Most employment rights 'indispensable', says businesses. Survey finds majority want to avoid post-Brexit 'bonfire'
The article reports on the results of a survey to determine what laws employers feel are indispensable, despite Great Britain withdrawing from the European Union. It mentions unfair dismissal laws, minimum wage laws, as well as those laws regarding parental leave.
How can employers do more to support working fathers?
The article presents the views of employee benefit professionals Paula Cunnington, Jeremy Davies, Megan Jarvie on how employers can help support working fathers. Cunnington notes the benefits of shared parental pay, and the need to implement reforms in paternal leaves and flexible working hours for dads according to Davies. Moreover, Jarvie also noted the significance Young Dads Collective program which helps young fathers to cope up with parenthood.
Will shared parental leave ever work?
Article looks at legislation passed in 2015 allowing shared parental leave in the UK. Topics covered include possible reform due to low uptake due to the structure and employment-related barriers for fathers.
The parenting factor
The article examines how companies can use mentoring to improve the talent among its employees and those it wishes to recruit or retain. Particular attention is given to the challenges associated with employee returning from parental leave and the transition process for these employees. To ensure talent is productive, it suggests mentoring that addresses the specific needs of employees..
"Managers are scared of pregnancy. And that means we're losing talent".
Explores issues faced by women when taking maternity leave or transitioning back to the workplace and how BDO is rethinking its approach in order to retain female talent.
Does anyone understand shared parental leave?
Carly Chynoweth provides clarification on some of the complex eligibility rules for the new shared parental leave legislation in force from 5 April 2015.
Manager memo: communicating shared parental leave
An example letter for HR departments to use; explains the new shared parental leave rights for British employees.
Workplace law is out of step
European courts are divided over the rights of parents of surrogate babies to take paid leave.
The website of work-life balance organisation Working Families offers guidance for employees on pregnancy and maternity, paternity, shared parental leave, adoption, emergency, carers and parental leave
The TUC provides access to a useful selection of links to TUC and external resources on flexible working, time off to care for sick children and dependents, and maternity, paternity and adoption leave.
Factsheets, webinars, Q and As, case law, and reports from the CIPD on maternity, paternity, adoption, parental leave and family friendly policies. Registration is required to view content.
HMRC internal manual giving guidance on Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay.
Collection of Government guidance on statutory leave and time off, including holiday entitlement, statutory sick pay, maternity, paternity and adoption leave and pay, time off for jury service and other public duties.
Collection of guidance for employees and additional detailed guidance for employers covering Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, and penalties, disagreements and compromise agreements.
Working Families is a leading UK work-life balance organisation. Its website provides information and resources on issues of flexible and family friendly working arrangements for parents and carers as well as for employers. The employers' section includes factsheets for line managers, a model flexible working policy and further guidance on paternity/maternity leave and pay, shared parental leave and homeworking.
Articles and books in the Library collection
To find out how you can borrow books from the Library please see our guide to book loans.
You can obtain copies of articles or extracts of books and reports by post, fax or email through our document supply service.
Can't find what you are looking for?
If you're having trouble finding the information you need, ask the Library & Information Service. Contact us by email at firstname.lastname@example.org or through webchat.
ICAEW accepts no responsibility for the content on any site to which a hypertext link from this site exists. The links are provided ‘as is’ with no warranty, express or implied, for the information provided within them. Please see the full copyright and disclaimer notice.