Recorded history illustrates a society wherein family roles and responsibilities differed greatly from the present. Traditionally, the mother stayed at home for cooking and cleaning duties, while the father toiled away at work, carrying the sole responsibility of earning a living.
However, the world of 2023 is very much different; norms have changed and so have parental rights. In the UK, it is now as common as ever for a mother to work as much as a father, albeit within the confines placed by the cost of childcare.
Changing roles
Han-Son Lee, the founder of Daddilife.com, an online community that aims to support fathers, has noticed this change in roles. Back in May 2019, Daddilife conducted research - with a project entitled ‘The Millennial Dad At Work’ - on life for 1200 fathers at work. Lee says that ‘despite the fact that 87% of millennial dads were actively engaged in their day-to-day parenting responsibilities, the notion that ‘dads should just be at work’ persists. A position fails to help genuine orientation equilibrium and orientation fairness’.
Without getting into the finer points of political correctness, it is fair to wonder how men feel about their parental rights. Do they see them as obstacles to becoming more involved in their children's upbringing?
Lee is firm in his belief that men aren't taking time off as much as women. He says that ‘it's difficult to give a precise number [as to the proportion of fathers who take time off] because not all firms track it accurately; however, our research shows that up to one third of new fathers are not even taking their two weeks off’.
What the UK law allows for fathers at work
The law, according to senior solicitor Arwen Makin, formerly of ESP Law, states that an employer's responsibilities to men begins before the birth of a child. She says: ‘employees who have a qualifying relationship with a pregnant woman have a right to unpaid time off to attend antenatal or adoption appointments’. She adds, however, that this is restricted to no more than two occasions and no longer than six and a half hours each time.
Lee considers that this ‘one element of the policy, that dads-to-be are legally only entitled to go to two of the three antenatal appointments, is madness’.
However, when a child is born, new fathers (or the primary guardian in same-sex couples) are allowed fourteen days of paternity leave to help them to focus on the child and the mother. This must be taken in blocks of one or two weeks and within 56 days of the birth or adoption.
But there is a personal and financial cost to taking leave. As Makin points out, the current weekly rate for statutory paternity pay from April 2023 is £172.48, or 90% of the employees average weekly earnings, whichever is lower–‘both entitlements only apply to those who have been employed for at least 26 weeks’.
This is all employees are given unless an employer is generous and pays more under an employee's contract. As a consequence, Lee is firm in his belief that additional reform is required to boost paternity entitlements. He says, ‘in part this means more time, but also means improving the rate of statutory pay, as the current flat rate means that an increasing number of new dads are struggling to even take two weeks’. To back his view, he cites a June 2019 review from the TUC; it found that one in four men who became fathers in 2016 were denied any form of paternity leave and so needed to return to work within days, or even hours, of a child's birth.
Lee does find it hard to believe that statutory paternity leave in the UK was only implemented in 2003. He says here he's ‘heard from hundreds, if not thousands, of new dads who all say the same thing – ‘the two weeks of statutory paternity leave simply weren't enough’ and it meant that when they returned to work, they were physically present, but mentally in a totally different place’.
However, in addition to statutory leave, it is important to keep in mind that employees also have the right to request flexible working arrangements, such as working from home, following a qualifying period of 26 weeks of employment. But, as Makin points out, ‘although such requests must be considered, they can be refused in certain circumstances and might not be suitable for certain hands-on roles’. However, in the event that a request is made but rejected, employers must provide good reasons.
» … there is a personal and financial cost to taking leave. As Makin points out, the current weekly rate for statutory paternity pay from April 2023 is £172.48, or 90% of the employees average weekly earnings, whichever is lower–‘both entitlements only apply to those who have been employed for at least 26 weeks’ «
It should also be added that the government is backing a private member's bill that aims to give all employers the day one right to request flexible working. It is expected to be on the statute books by the end of 2023.
Shared parental leave
The introduction of shared parental leave in 2015 is a relatively recent development. Under this rule, a mother or adoptive parent can use this to end their maternity leave early and transfer any remaining pay or leave to the father.
‘Take-up has been slow, but this may be due to a lack of awareness of the possibility’, says Makin. In other words, it hasn't been a massive success in itself.
In fact, a BBC report from February 2018 estimated that participation was indeed low. It cited data from the Department for Business, which stated that 285,000 couples were eligible for shared parental leave at the time, but only 2% took advantage of it—much lower than the 8% predicted. Because of this, Makin recommends that employers inform employees that they have a right to shared leave if they have been employed for at least 26 weeks by the end of the ‘qualifying week’, which is the 15th week prior to the expected week of childbirth.
Companies can, and ought to, assist new fathers in supporting their families, but taking time off from work won't necessarily help. Employers need to take a proactive approach to the assistance given to new parents. From an employee relations and operational standpoint, Makin believes that one of the best things an employer can do ‘is regularly check in with new parents to ask how they are—from a pastoral care perspective. Having a new addition to the family is often a massive change’.
Another option is to assist with drop-off and pick-up of older children from school. Employers may also consider offering a temporary reduction in hours, with salary pro rata, in addition to flexible start and finish times. Employers must, however, apply this consistently to avoid discrimination claims.
Something else to keep in mind is that, although some companies offer enhanced maternity policies for new mothers or primary caregivers, ‘case law’, according to Makin, ‘has decided those same enhancements do not need to apply to shared parental leave’. However, this could be challenged in court.
Her advice to employers in this situation is to improve the enhanced maternity package to make it more appealing to new parents and to encourage employees to take additional shared parental leave.
More satisfied employees?
One thing remains certain for Lee—corporate perspectives are evolving: ‘parental leave is an area that has been a big focus area for many more enlightened companies recently. And [many firms] have now offered far more enhanced forms of parental leave, which is hugely encouraging’.
According to Makin, ‘new fathers who feel they are ‘understood’ by their employers, particularly when it comes to such a significant period of upheaval in their lives, will often return as more engaged and positive employees’. Nonetheless, we are back to the matter of low take-up and traditional thinking.
Therefore, while it makes sense for firms to proactively encourage employees to take parental leave as it can be beneficial for a business, should it be sold as an employment incentive? Lee would say not. In his view, ‘it's like saying maternity leave should be part of the employment incentive. The point is that dads are becoming far more equalised as parents, and so the demand for better and more enhanced parental leave will already be there and growing’. He reckons that businesses that don't help fathers, will very soon be left looking like the odd ones out—and that will affect their recruitment and retention.
In summary
The shared parental leave system in the United Kingdom is relatively new and represents a significant legal shift; usage, however, remains relatively low. While Makin thinks that the reason it isn't taken up is that it is paid at the (low) statutory rate. A general rebalancing could help.
» … there were close to 705,000 on the permanent NMC register. Nearly half a million could be said to be of child-bearing age (up to 50 years) and of them only 11 percent were listed as male «
At the end of the day, Lee believes that shared parental leave is a positive step and a move in the right direction. However, as he states, ‘a dad is for life, not just paternity leave’. While paternity leave is only for a set amount of time, it's what happens after that that engrains a parent's experience at work.
Panel: the healthcare sector
The impact of paternity leave rights in the UK healthcare sector can be significant. The problem for the healthcare sector is that employees are often required to work long and irregular hours. Paternity leave can provide much-needed support for fathers who wish to be actively involved in caring for their new-born children. Provision of such leave can improve their work-life balance, which in turn can lead to increased job satisfaction, improved mental health and reduced stress.
Paternity leave also helps to promote gender equality in the workplace. By giving fathers the opportunity to take time off work to care for their children, it sends a message that parenting responsibilities are not just the mother's responsibility. This can reduce the stigma associated with men taking time off work to care for their children and can encourage a more balanced and inclusive workplace culture.
In addition, research has shown that when fathers are more involved in the care of their children, it can have positive impacts on child development, including improved cognitive and social development and increased emotional wellbeing.
While it is challenging to find concrete data for this, evidence from nurses.co.uk published in December 2022 offers a partial insight into the numbers potentially involved in maternity and paternity rights. It found that there were close to 705,000 on the permanent NMC register. Nearly half a million could be said to be of child-bearing age (up to 50 years) and of them only 11 percent were listed as male.
The NHS website details its maternity and paternity leave and benefits. While it notes statutory maternity leave rights, on paternity leave it says that ‘if you're a father-to-be or the partner of someone who is pregnant–including same-sex partner–you could have the right to paternity leave’. The emphasis being on the potential rather than actual. It also takes a similar line in terms of shared parental leave. Helpfully, though, it does offer links to the government's view of the law.