The Employment Act 2002, which partially came into force on 6 April 2003, provided a raft of family friendly rights for employees. The Act improved pre-existing employee rights to maternity leave and pay as well as introducing new rights to paternity and adoption leave and pay. It also introduced new provisions for mothers and fathers alike to request flexible working arrangements. The new legislation appears to have been successful in enabling working parents to achieve a greater work/life balance.

The Act brought with it several developments in the law relating to maternity, paternity and adoption leave and pay. Since 6 April 2003, all mothers have enjoyed new enhanced maternity leave and pay rights. ‘Ordinary’ maternity leave has been increased to 26 weeks and is available to all female employees regardless of their length of service. ‘Additional’ maternity leave of a further 26 weeks is available to those employees with six months’ continuous service by the 15th week before their baby is due. Statutory Maternity Pay is now payable for up to 26 weeks and has also been increased to 90 per cent of salary for the first six weeks of the absence and the lesser of 90 per cent of salary and £102.80 for the remaining 20 weeks.

A new right has been introduced providing paternity leave to fathers with children born after 6 April 2003. Employees must have six months’ service by the 15th week before the baby’s due date to qualify for paternity leave. This leave period is two weeks, which must be taken in single blocks of one week. Statutory Paternity Pay is now payable during this two-week period and is currently set at £102.80 per week. An additional right to paid leave has also been introduced for adoptive parents. In order to qualify, employees must have six months’ service by the date they are notified of a child being placed with them. Employees are entitled to take leave for up to one year, provided the adoption has proved successful after an initial six-month leave period. Employees are currently entitled to the lesser of 90 per cent of weekly earnings or £102.80 Statutory Adoption Pay for the first six months of the leave.

FLEXIBLE WORKING
Since 6 April 2003, all employees have had the right to apply to change their contracts of employment to allow for flexible working arrangements to help with childcare. Employers have been required to follow prescribed procedures in dealing with applications received ...

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