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Getting your head around the rights of parents at work can be an overwhelming task. Many smaller organisations are unaware of their legal obligations to support expectant parents until a staff member becomes pregnant. While this approach sometimes allows for more flexibility and personalised support, it also creates opportunities for unequal treatment.

Did you know? Most smaller workplaces lack written policies and clear processes to support staff parenthood. Our study also showed that there is limited awareness among SMEs that statutory leave and pay are a legal entitlement: about a third of SME employers and employees in our survey declared it was not available in their organisation.

“Most of our policies don’t exist until someone asks, ‘Do you have a policy about X?’ and then they go, ‘Oh yeah, we should write one’.” (Joanna, Small business employee)

At the end of the section, we are providing links to detailed information on legal rights for (expecting) parents at work. In a nutshell, pregnant employees have the right to paid time off for antenatal appointments, parental leave, and statutory parental pay (if eligible). Shared parental leave is possible if both parents meet eligibility rules. Employees are protected from discrimination because of pregnancy or maternity, and a risk assessment should be undertaken for pregnant staff.

Supportive practices

Clear written policies and/or procedures and early conversations reduce stress for both employers and employees, avoid legal risks and build trust. Supporting staff on their journey to parenthood also helps them to feel valued. It is thus recommended to develop maternity/paternity/adoption policies before any staff members announce that they are becoming a parent. SMEs can consider using an external HR firm to help with this if they do not have internal expertise. Promoting information about support options makes it easier for employees to start a conversation about support needs as an expectant parent. It is also helpful if employers can signpost their employees to reliable sources for further information regarding legal rights (see Link to list below).

What can employees do to help? It can be helpful to signpost employers to relevant information, particularly if they have no prior experience with staff becoming parents.

“[My manager] means well and was sort of very supportive of trying to make sure it worked and they were doing the right thing, the intentions were good. [So it was then more you telling them what your rights were?] Yes, 100%! I sent them an email laying things out and telling them about statutory maternity pay as well and sending them links to that.” (Phoebe, Small business employee)

Detailed information on legal rights can be found here:

ACAS

Gov.uk,

Citizens Advice

Maternity Action: Know your rights

Pregnant then Screwed

Specific information for fathers:

Fatherhood Institute

Any work by Anna Tarrant that focuses on workplace support?

Fathers in the Workplace Toolkit (University of Birmingham)