Currently, all pregnant employees have a statutory right to reasonable paid time off during working hours to receive ante natal care. That right does not extend to partners, even on an unpaid basis. To encourage partner involvement, there are plans in place to extend this right by 2015.
It is proposed that employees (including agency workers) will be entitled to take up to two unpaid appointments (up a maximum of 6.5 hours per appointment) in the run up to birth. This right would extend to:
- the husband, civil partner or partner of a pregnant woman;
- the father or parent of an expected child; and
- an intended parent in a surrogacy situation.
Similar rights would also be extended to those in an adoption situation. Single adopters will be able to take up to five paid appointments (6.5 hours each) whilst joint adopters will be able to elect one individual to take the five paid appointments and the other individual to attend two unpaid appointments.
To prevent employers ignoring these rights, it has been suggested that the affected employee can bring an Employment Tribunal claim for up to two times the hourly rate of pay for each hour of the appointment for which they would have been absent. Whether this will be enough of financial penalty to discourage an employer preventing an employees' attendance remains to be seen.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
