moved Amendment No. 21:"After Clause 12, insert the following new clause—"
““ORDINARY PATERNITY LEAVE-DURATION AND FLEXIBILITY
(1) Section 80A of ERA 1996 (entitlement to paternity leave: birth) is amended as follows.
(2) In subsection (3), for ““at least two weeks’ leave”” substitute ““at least four weeks’ leave””.
(3) In subsection (4), for ““a period of at least 56 days”” substitute ““a period of at least 182 days, and of no more than 365 days””.””
The noble Baroness said: In moving this amendment, I also speak to Amendment No. 22, which is grouped with it. This amendment has been suggested to us by the Citizens Advice Bureau and is supported by a galaxy of organisations, including the GMB, the Mothers’ Union, the T&GWU, Fathers Direct and the Women’s Budget Group. First, it would increase the entitlement to ordinary paternity leave, which is set out in regulation, from the current level of two weeks to at least four weeks with the potential to increase it further through revised regulations. Secondly, it would extend the period during which such leave has to be taken from the current very restricted period of eight weeks after the birth to a minimum of six months and a maximum of 12 months after the birth, the period to be set in regulations.
The amendment would partially address two out of three concerns in respect of ordinary paternity leave—that it needs to be better paid, of longer duration and more flexible in terms of how it can be taken. Allowing fathers to take ordinary paternity leave during the first six months after the child’s birth would meet the Government’s declared intention to provide more support and more choice in the first year of a child’s life.
The amendment would surely increase the terribly low uptake of ordinary paternity leave from the current level of about 17 per cent. A similar amendment could be made in relation to adoptive parents. Two out of three fathers would support this proposed change, especially if it were combined with an increase in pay.
Amendment No. 22 would reduce the current grossly disproportionate notice period for taking ordinary paternity leave. Again, a similar amendment could be made in relation adoptive parents. Currently, would-be fathers must give their employer the same amount of notice that expectant mothers must give of their intention to take maternity leave—by the fifteenth week before the expected week of the child’s birth. The amendment would bring the notice period into line with that required by law for taking paid holiday—two weeks’ notice for each week of paid holiday to be taken—so that two week’s notice would be required to take one week of paternity leave, and four weeks to take two weeks of paternity leave.
A recent report by the Citizens Advice Bureau, Hard Labour- Making maternity and paternity rights at work a reality for all, demonstrates that awareness of the right to paternity leave is poor among low paid workers, and many would-be fathers do not realise that they have to give 15 weeks’ notice until shortly before the birth and then find that they have lost their right, realise that it is too late and do not take their leave. Too many employers are taking advantage of a worker’s failure to give the full 15 weeks’ notice to deny paternity leave.
It is worth noting that the Government have indicated that the notice period for taking up to six months of additional paternity leave will be only ““two months””—half that currently required to take just one or two weeks of ordinary paternity leave. That is not very logical. I beg to move.
Work and Families Bill
Proceeding contribution from
Baroness Walmsley
(Liberal Democrat)
in the House of Lords on Thursday, 9 March 2006.
It occurred during Debate on bills
and
Committee proceeding on Work and Families Bill.
Type
Proceeding contribution
Reference
679 c380-1GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
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2024-04-22 02:23:36 +0100
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