| Government Proposals for transferrable maternity leave |
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The Government has announced a consultation on allowing mothers to transfer some of their maternity leave entitlement to the father. The proposal at present is that mothers with outstanding leave in the second six months of their child’s life will be able to transfer that remaining leave to the father. Additionally if that leave is within the statutory maternity pay period of 39 weeks then some of that leave may well be paid. The proposal presently is for the law to be operational for parents with children due on or after 3 April 2011, however as ever with legislative proposals, this may yet be delayed. CommentThere is likely to be practical difficulties in these arrangements given that, unusually for employment law, the rights being granted involve obligations on two employers and also cooperation between parties not in a contractual relationship. The Government does however estimate that take up of the new rights is likely to be low (less than 6%). Whilst the Government’s aim of increasing flexibility for working parents is to be commended, as often with employment law, the devil will be in the detail for employers having to police and manage the new proposed system. |