New flexible working arrangements will produce more litigation and uncertainty, says Juliet Carp
New maternity, paternity, adoption, flexible working and dependent leave rights have been announced by the European Commission. The proposed changes include: the minimum paid maternity leave offered by an employer increasing from 14 to 18 weeks; compulsory maternity leave increasing from two weeks to six weeks; the introduction of a new right to paternity leave; and the introduction of a new right to “filial” leave, eg to take care of an elderly parent.
The Commission currently aims to ensure that the revised Pregnant Workers Directive (PWD) is adopted next year, which would probably mean implementation of maternity-linked proposals in the UK by 2011. Implementation of the other proposals is likely to take longer. The UK already has family-related legislation that goes beyond the current minimum European requirements, so the changes would not all be new for us. However, the proposed changes would affect us in two ways. First, the government would need to ensure that employees are given new rights where we do not already meet the proposed minimum standards. Second, our existing legislation
