Work Life Balance!?
It’s that time of year again when the latest raft of employment law changes become effective.
In the Government’s eagerness to address some of life’s inequalities, it has introduced further provisions to increase choice and flexibility in allowing families more opportunities to balance their work and caring responsibilities; but has it gone too far?
The Work and Families Act 2006 sets out numerous provisions, some of which became effective in October 2006, some from April 2007 and some which have yet to be implemented.
Statutory Maternity Pay, Adoption Pay and Maternity Allowance increases from 26 weeks to 39 weeks for mothers whose babies were born on or after 6 April 2007. There is no change to Ordinary Maternity Leave which remains at 26 weeks; however, there is no longer a qualifying period of service to Additional Maternity Leave, also 26 weeks. Total Maternity Leave can, therefore, be a total of 52 weeks of which up to 39 weeks can now be paid.
In order to assist businesses to plan and organise their workforce, employees wanting to return on a different date than previously notified are now required to give eight weeks’ notice of their new return date.
The new phenomenon of ‘Keeping In Touch’ days have been inspired by the desire to assist employers organise their workforce and business and also to help employees not feel alienated prior to their full-time return to work. These days allow, by agreement, employees up to 10 days back in the work place without affecting their Maternity or Adoption Pay. Due to the total length of Maternity Leave, this is, I believe, a necessity from both the employee’s and employer’s point of view.
It is proposed that Statutory Maternity Pay, Adoption Pay and Maternity Allowance will be increased to 52 weeks in the future, implementing the Government’s aim of providing one year’s paid maternity leave!
In addition to the changes to maternity pay and leave, the most significant change is the ability for carers to request flexible working from 6 April 2007. This had previously only been available to the parents of children under six years old.
A carer is “someone who cares for or is expected to care for, a husband, a wife or partner, a relative such as an uncle, sister, parent, in-law, son-in-law, grandparent or someone who falls into neither category but lives at the same address as the carer”. Flexible working can cover a change in working hours, a job share, flexi-time or a request to work from home. The only qualification is that the employee has to have been employed for at least 26 weeks’ prior to making this request and is only allowed to make one request per annum. An employer can refuse a request although reasons must be given and employees must be given the opportunity to appeal that decision, having followed the correct procedure.
In addition, from 1 October 2007, statutory holidays increase from 20 to 24 days and it is proposed from 1 October 2008 they will increase to 28 days per annum.
These changes mean that the work life balance has again been tipped further in the direction of employees. We must now wait and see how they affect employers in practice.
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