Family Commitments and Your Working Rights

The situation for workers with commitments at home is a lot better now than it was a few decades ago. Prompted, to a large extent, by European legislation, there have been improvements in the minimum levels set for working hours and holidays, and the introduction of parental and paternal leave. There are also support mechanisms for workers who have to take time off to care for dependents and perhaps even have to give up work.

Paternity Leave

Paternity leave has been brought in to complement Maternity Leave, which has been instigated for many years now in the United Kingdom. Up to 39 weeks maternity leave is allowed and paternity leave gives the non-child bearing partner some paid leave so that they can be there to support during the early months, too.

How much paternity leave is due, and how much will be paid, is a complicated formula, but the government has an interactive tool on their www.direct.gov.uk website. This tool also presents a calendar to allow parents to plan their leave, as there are statutory notice periods, some fairly long, which the parents need to give to their employers in order to qualify.

Parental Leave

Parental leave gives a total of 13 weeks off for parents at any point until a child is five years old. It is not really related to maternity or paternity leave, which is for the birth and the period immediately afterward, but for points in a child's early years where illness or other difficulties might make extended leave, to care for the child, necessary. Regulations do not stipulate that paternal leave is paid though, it merely puts the onus on an employer to allow it to be taken and keep the job open during the time taken.

Other Important Changes

Family commitment laws have seen further changes in recent years to remove some of the inequities in the system. Adoptive parents now get similar rights to birth parents, with one parent being able to take up to 52 weeks leave off from the date of the arrival of an adopted child, as long as the child is under 5 years old.

Compassionate leave is the usual term for time taken off to cope with problems at home, such as a death in the family. This is voluntary as far as the employer is concerned but most will have a formal or informal policy on the matter. There is another statutory right that employers cannot refuse you, known as 'time off for dependants', which allows for employees to take 'reasonable' time off, unpaid, to deal with emergencies at home. It must concern a dependant who is directly related though, a partner, child or parent, or someone living with you as a family member.

Flexible Working

Although any employee can ask their employer if they can change their hours to suit their family situation, the employer does not have to agree to the request. However, they must give it serious consideration.

There are many different options for Flexible Working, shift work, working shorter hours in school holidays and longer hours during term-time, job share arrangements and home working are just a few of the options.

You have a right to ask for flexible working if you are a parent and have a child under the age of 17 or a disabled child under the age of 18, but you must be responsible for the child on a day-to-day basis. You also have the right to apply for flexible working if you are caring for an adult. The adult must either be your spouse, civil partner, partner, relative (sibling, mother, father, grandfather, grandmother) or someone that is not a relative but is living at the same address as you. To ask for the right for flexible working you must have worked for your employer for at least 26 weeks.

It's worth pointing out that many of these benefits are only open to employees. There is a distinction between employees, workers and people who are self-employed and if you are unsure as to which category you fit into, there is guidance on the www.direct.gov.uk website to help you decide.