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Guest post: "Shared Parental Leave isn’t working. At all."

187 replies

JuliaMumsnet · 24/05/2021 12:24

Years after the introduction of paid parental leave, the uptake among fathers is very low. Ros Bragg, director of Maternity Action, argues that Shared Parental Leave is inherently flawed and outlines Maternity Action's suggestion of a 'use it or lose it' model that would support fathers and second parents to take leave and lead to more equal parenting.

"It’s been six years since the policy was introduced, and the most recent data shows that take-up amongst eligible fathers is only around 3-4%. That’s far short of the 25% that the government had hoped for by now, and pretty conclusive evidence that Shared Parental Leave (SPL) isn’t fit for purpose.

But significantly, it’s not failing due to any lack of demand on the part of parents: there is ample evidence that fathers would like more time off work after the birth of a child.

Our advice lines regularly take calls from exasperated parents who desperately want to try and use the scheme, but are held back by its sheer complexity.

These are parents like Amy and John. They contacted Maternity Action after their request to take shared leave and pay at the same time was turned down, even though it is allowed under the policy. John’s employer was adamant that to pay both parents would be fraud – and by the time the query was raised with HMRC, Amy was already on maternity leave and John had to take unpaid leave.
Instead of enjoying those first few weeks and months with the baby together, both Amy and John were hugely stressed about whether or not they were going to get paid, and the situation put a huge strain on John’s relationship with his employer.

This is typical of the problems with Shared Parental Leave – parents who do want to take it are faced with a system with inherent design flaws and complexity, and a ludicrously low rate of pay: just £152 per week, equivalent to less than half of the national minimum wage.

‘Mothers need time to recover from birth’

Even the name is faulty: shared parental leave is really ‘transferable maternity leave’, as the scheme created no additional parental leave entitlement for fathers, but simply ‘enabled’ mothers to give away all but two weeks of their leave.

This means that, if a mother (not unreasonably) wants to use most or all of her maternity leave entitlement, there is little or no SPL available to the father. And the designers of the scheme knew that the average length of statutory maternity leave taken by mothers is 39 weeks – that is, the full entitlement of paid leave. And 45% of new mothers take more than 39 weeks.

This is hardly surprising, as – contrary to the impression often given by ministers – the duration of paid leave available to new mothers in the UK is short by international standards. And new mothers are not just ‘caring for’ or ‘bonding with’ their baby. They are recovering from the often severe physical and mental impacts of pregnancy and birth. Plus, they may be breastfeeding.

‘Use it or lose it’

So what’s the solution? Well, the good news is that six years’ experience of SPL confirms the lessons we could and should have learnt from parental leave policies in other countries. In short, the most successful approaches – such as those in Sweden, Iceland, Norway and Finland – are based on individual, non-transferable (‘use it or lose it’) rights to leave for each parent, and on that leave being moderately well paid.

We at Maternity Action suggest that Shared Parental Leave is scrapped altogether, and replaced with new rights to six months of paid maternity leave reserved for the mother, and six months of paid parental leave for each parent.

This would give mothers a combined paid leave entitlement of up to 52 weeks – 13 weeks more than now. And it would give fathers and other second parents a total paid leave entitlement of up to 28 weeks – that is, 26 weeks more than now.

This would mean that there is no question of the mother ‘giving up’ her recovery time after childbirth, and would mean that both parents had a right to individual paid leave to bond and care for their child.

The ‘use-it-or-lose-it’ approach would incentivise fathers and second parents to take leave when previously they would not have considered it, because of financial or other constraints.

Achieving more equal parenting is a process that will take many years and will require, in addition to more equitable rights to better paid maternity and parental leave, robust governmental action to increase the supply of affordable childcare, and a major effort by political and business leaders to drive a change in parenting culture in the workplace.

But we need to make a start. And the time to do so is now.

You can support us by writing to your local MP - just click on this link, enter your postcode, and we do the rest.

You can follow Maternity Action on twitter @MaternityAction and Ros Bragg @rosbragg.

Guest post: "Shared Parental Leave isn’t working. At all."
OP posts:
2boysDad · 01/06/2021 18:11

Thanks - and yes, if you can't afford to pay your workers according to the law then you can't afford to run a business.

Very well put.

Sometimesfraught82 · 01/06/2021 18:13

@2boysDad

Thanks - and yes, if you can't afford to pay your workers according to the law then you can't afford to run a business.

Very well put.

I’m trying to understand

Are you saying that some employers are breaking the law? In which case, surely very easy to prove

2boysDad · 01/06/2021 18:15

"Do employers offer different parental leave remuneration for mothers and fathers?"

Oh yes...

I work for the NHS. Largest employer in the country. Just google the differences in the pay for paternity and maternity leave. It won't take you long.

When my wife actually had our kids, I was working in the private sector. Women got 4 months on full pay, 4 months on reduced pay and 4 months on statutory. I got 2 weeks statutory.

The pay cut was so brutal, and we needed the money, that I didn't take even the statutory leave, I instead arranged to have "normal holiday at short notice."

User58162 · 01/06/2021 18:23

@Sometimesfraught82 no one is currently breaking the law because the law doesn’t require men and women to have equal time off with equal statutory pay.

According to this thread the idea we should be pushing for equality for men and women is quite revolutionary!

Sometimesfraught82 · 01/06/2021 18:26

@2boysDad

"Do employers offer different parental leave remuneration for mothers and fathers?"

Oh yes...

I work for the NHS. Largest employer in the country. Just google the differences in the pay for paternity and maternity leave. It won't take you long.

When my wife actually had our kids, I was working in the private sector. Women got 4 months on full pay, 4 months on reduced pay and 4 months on statutory. I got 2 weeks statutory.

The pay cut was so brutal, and we needed the money, that I didn't take even the statutory leave, I instead arranged to have "normal holiday at short notice."

Yes I have read and reread the nhs policy And I honestly can’t see difference in pay for mother versus father

Could you tell me if you have had experience?

2boysDad · 01/06/2021 18:33

Sometimesfraught

We seem to be experiencing a different reality. Let's leave it there.

On a happier note, my work for the day has finished :)

Have a pleasant evening.

User58162 · 01/06/2021 18:36

Perhaps @Sometimesfraught82 was referring to ‘parental leave’ which is another policy altogether... this discussion is about maternity/ paternity leave ie. the leave you get immediate after the birth of a child.

Sometimesfraught82 · 01/06/2021 18:38

I don’t have a “reality” on this whatsoever

I am trying to understand the complexities of it.

I have worked for a small family run employer before and I have worked for a huge multi national.

They might as well be chalk and cheese in terms of what they can offer by way of an enhanced package.

SecondGentleman · 01/06/2021 20:09

@Sometimesfraught82

Do employers offer different parental leave remuneration for mothers and fathers?

Ie if a mother took 3 months
And a father took 3 months

And both worked for same employer
The employer could give a better package to the mother than father?

Or are you talking about different employers?

Because different employers provide different benefits ie one could provide a phenomenal pension package whereas another could just provide statutory minimum.

Yes, it's common for employers to give enhanced pay to mothers and for fathers to have statutory. Employers that offer the same to both are in the minority.

Employers are allowed to do this because the Equality Act says that women can be given special treatment in connection with pregnancy or childbirth, and enhanced maternity pay falls within the scope of this.

At the moment, the limits of this are not clear (ie, it is clear that mothers can legally be offered more, but not how much more), because it hasn't been tested very much in the courts. From the cases to date, it seems that employers can offer enhanced pay to mothers only for somewhere between 14-26 weeks, and it will fit within the Equality Act, but for any duration beyond that they are on shaky ground. And this makes the whole argument about equal pay somewhat academic as so few employers enhanced pay beyond that period anyway.

CarolinaInMyMind · 03/06/2021 12:51

This is a really important topic - which affects ALL parents - mothers and fathers.

Thank you for campaigning on this - I think your proposal of fixed time for mothers to recover from birth and fixed time for dads too on TOP of that sounds much better than our current SPL.

ruthet · 09/06/2021 13:00

Thanks for the response. Certainly it can work in cases of separated couples too and that can be really helpful for positive co-parenting relationships too. Could it not be transferable where there isn't a second parent on the scene? I believe this is the recommendation that Pregnant Then Screwed have put forward. I appreciate that where two parents are involved (whether separated or together) then splitting it is much the better option, the choice to transfer it would only be for cases where there isn't that second parent involved for various reasons (solo parenting through choice, death of a partner, one parenting leaving and not maintaining contact, abusive relationship etc). Without that caveat the policy could see single parent families missing out and with all the talk of inclusion at the moment it would seem a missed opportunity to not ensure that the policy is designed to support all family types, including single parent families. Thanks

PinkElephant7 · 09/09/2021 22:36

Employers offering enhanced maternity pay and statutory shared parental pay is the problem. Dads want to take it but unless mum is the higher earner and down to statutory herself then it doesn't make financial sense for the family.

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