Thirty-nine per cent of UK workers now work at home within a given week and workers are beginning to demand more in terms of employee benefits, especially when it comes to welfare.

One of the areas where employees may focus is “family-friendly” working and benefits. But what does the law say about these contractual offerings? And how can your business benefit from having a comprehensive “family-friendly” benefits package? We spoke to the employment law specialists at Beecham Peacock to discover how your business can become more caring.

What does the law say about parental leave?

In the UK, women are able to take up to 52 weeks of maternity leave. The first 26 weeks of leave, which includes two weeks of compulsory leave (four weeks for factory workers), are known as ordinary maternity leave, while the final 26 weeks are known as additional maternity leave.

During maternity leave, a woman’s rights to pay rises, accrued holiday, and returning to work are protected by the law.

Eligible mothers-to-be are entitled to be paid statutory maternity pay for 39 weeks. This will depend on whether or not they satisfy service and earnings criteria. Otherwise, they may not be able to claim maternity allowance.

Statutory maternity pay equates to six weeks paid at a rate of 90% of average weekly earnings (before tax). For the remaining 33 weeks, the current rate of payment is £172.48 or 90% of their average weekly earnings – whichever is lower. This rate is reviewed annually. 

There has been much discussion about the mandatory amount of maternity pay and whether it does enough to support women in the workplace – a recent study found statutory maternity pay is just 47% of the national living wage. To attract and retain women, businesses may wish to consider offering enhanced maternity pay and benefits packages.

For partners, leave entitlements are different. Statutory paternity and adoption leave entitles fathers/partners to take one or two weeks of paid paternity leave, paid at a rate of £172.48 or 90% of their average weekly earnings – whichever is lower. This rate is also reviewed annually.

When this leave is taken differs depending on whether paternity or adoption leave is being taken. Again, your business may wish to consider enhanced leave and pay packages.

For eligible parents, another option that is increasingly taken up is shared parental leave. Whilst the mother will always have to take two weeks of compulsory leave (four weeks for factory workers), the remaining 50 weeks (or 48 weeks for factory workers) can be taken by either parent.

This gives both parents flexibility and the opportunity to spend time with their child. Statutory parental leave pay is paid at the same rate as the latter part of statutory maternity or paternity pay, and can be paid for up to 37 weeks to eligible employees. Again, businesses may wish to consider offering enhanced parental leave pay to attract and retain employees.

What are the positives of greater employee benefits for parental leave?

Of course, there are extra costs associated with paying more than the statutory pay requirement. However, offering parental leave options and policies that go above and beyond the minimum requirements can benefit a business just as much as it benefits your employees. Such packages will enable business to attract and retain employees.

How to draft a comprehensive parental leave policy

Lisa Branker, Head of Employment Law at Beecham Peacock, advocates for a comprehensive leave policy that supports all of your employees. She comments: “Entitlements and eligibility for parental leave, pay and benefits should be clearly contained in your business’ relevant policy. If your goal is to attract and retain your workforce through flexible and/or enhanced benefits packages then this information needs to be clearly set out and accessible. A clear policy makes employees aware of how much leave and pay they are entitled to, helps managers to respond to any queries, and allows your business to plan for and support working parents.”

“Pay and leave aren’t the only considerations – for example, your business may be able to offer a salary sacrifice scheme to make childcare arrangements. Other, non-financial support can also be a huge help for new parents or parents-to-be. Increasing the flexibility of working hours or offering a hybrid working scheme can give your colleagues the support they need to manage the transition into parenthood. These measures will enable you to motivate and retain your workforce, without creating an onerous financial burden.”

Every company is different – and there’s unlikely to be a one-size-fits-all solution. Think about which solution (or combination of solutions) is best-suited to your company before creating or amending a parental leave policy. If you’re considering creating or updating your policy, Beecham Peacock’s free policy reviews are a great starting point to check your offerings meet your business and legal needs.