A report published by the Women and Equalities Committee on 10 June concluded that the UK’s statutory parental leave system does not support working families effectively and has fallen far behind most developed countries.
Currently, fathers and same-sex partners have the right to two weeks of statutory paternity leave. This must be taken within 52 weeks of a child’s birth and is paid at the rate of £187.18 a week or 90% of average weekly earnings, whichever is lower. This is less than half of the national living wage, putting considerable strain on working families. Many new fathers and same-sex partners are entitled to nothing because they earn less than £123 per week, have not been with their employer for long enough, or are self-employed.
The length of paternity leave in the UK compares poorly with many countries. In France, fathers are entitled to four weeks, in Spain 16 weeks, and in Sweden 10 months.
The shared parental leave scheme introduced in 2014 aimed to give fathers and co-parents the opportunity to play a bigger role in the first year of their child’s life. Shared parental leave allows parents to surrender maternity leave and pay, and switch into the shared parental leave regime, so that up to 50 weeks of leave and 37 weeks of pay can be shared and taken flexibly between parents. But, according to the Women and Equalities Committee’s report, shared parental leave is taken up by only 5% of eligible fathers. The complexity of the regime, the low statutory rates of pay, and the fact that it effectively takes the leave away from the parent on maternity leave, all contribute to this poor take up.
So, what can employers do? It seems likely we will see change in this field, as the government has committed to a review. Employers should keep a close eye on legislative developments.
In the meantime, many, often larger, employers offer enhanced family leave and pay entitlements to support their staff and provide a more attractive range of benefits. They should take legal advice to make sure that any policies are fair and non-discriminatory.
In 2023, the Department for Business and Trade reported that nearly half (45%) of dads and co-parents were not aware that shared parental leave was an option. Raising awareness among staff could support families to use shared parental leave if it is appropriate for them.
Nicola Wallbank is an employment partner at Freeths
