Shared parental leave was introduced in 2015, but how can employers avoid indirect sex discrimination between mothers and fathers when it comes to paid leave?
What is indirect sex discrimination?
Indirect sex discrimination is where an employer applies a provision, criterion or practice (PCP) that may put someone of a certain sex at a disadvantage. For example, an employer makes all employees work full time, whereas a higher proportion of the female employees have childcare responsibilities and would find it much more difficult to fulfil this request.
Maternity pay and shared parental leave
From April 2018 maternity leave is paid at rates of 90% for the initial six weeks. At 33 weeks this changes to £145.18. Shared parental leave stays at the statutory rate of £145.18 throughout the entire time.
Shared parental leave lets both working parents share up to 50 weeks of leave with 37 of them as statutory pay levels. It’s entirely up to the family with regards to who takes what time off – or they can both take leave at the same time if they wish.
The Employment Appeal Tribunal’s stance on maternity pay and shared leave
The Employment Appeal Tribunal (EAT) has announced that it isn’t sex discrimination to enhance maternity pay but not shared parental pay. The reason women are given more favourable treatment is because they go through pregnancy and childbirth.
What this means in the future…
The House of Commons Women and Equalities Committee has published a report called Fathers in the Workplace. It outlines some recommendations such as:
- 12 weeks paid paternity leave that can be taken in the first year of a child’s life
- Statutory paternity pay set at 90% for the first four weeks, with the remaining 8 weeks paid at the statutory level
- For the government to debate whether time off for fathers to go to two antenatal appointments is enough
- The possibility of introducing a paternity allowance for self-employed fathers
Do you have a question about maternity pay, paternity pay or shared parental leave? Contact Alison via email for more information.
