The magic words are those used by the Department of Trade and Industry to describe the Work and Families Act 2006.

The intention of this Act is to help working parents balance the demands of their work with those of family life.

The 2006 Act has now become law and its’ main provisions came into force on 1st April 2007. The Government has been very focussed on offering a greater degree of flexibility to Employees with the aim of helping them to achieve a ‘work/life’ balance. It is therefore vital that Employers and Employees prepare themselves for yet further dialogue concerning flexible working. A familiarity with the proposed legislative changes is therefore necessary.

Extension of the Right to Flexible Working

The right to ‘Flexible working’ which encompasses anything from arrival and leaving times through to being entitled to take time off in emergencies is already a right available to parents of children under 6 years old and to parents of children with disabilities. The right is now being extended to anyone who is a carer, which includes having to care for adults. Although the ‘right to flexible working’ is not an automatic right to have the benefit from, flexible working arrangements involve a right to have the procedures for making the request followed. As with all legislation, in this area of the law it will no doubt be a short step in the future for our legislators to decide to change the right to request flexible working into a right to work flexibly.

Carers Rights

The definition of Carer will be "an employee who is or expects to be caring for an adult who:

	is married to, or the partner of the Employee;
	is a ‘near relative’ of the Employee; or
	falls into neither category but lives at the same address as the Employee.”

Further Maternity Provisions

The Act also makes changes to Maternity provisions for babies due on or after 1st April 2007 which include :

	increasing the Statutory Maternity Pay from 26 weeks to 39 weeks (the intention is for it to eventually be extended to 52 weeks)
	an entitlement for all women to take the 6 months Ordinary Maternity Leave
	a further entitlement for all women to take 6 months of Additional Maternity Leave.

In essence, all women will be entitled to 12 months maternity leave regardless of the period worked for an Employer. The distinction between Ordinary and Additional maternity pay will only affect an Employers' ability to withdraw any contractual entitlements after the end of Ordinary Maternity Pay.

The right to return to work will also vary as between Ordinary and Additional Maternity Leave. In the former there is a right to return to the same job. In the latter the Employee has a right to return to a similar job.

The notice to be given by Employees intending to return to work is to be 8 weeks.

Keep in touch days

One of the more radical provisions in the Act relating to Maternity Leave is that new rights have been introduced for Employers and Employees to ‘keep in touch’ during the maternity leave.

An Employee on maternity leave is permitted to go into work for up to 10 days during her leave without loosing her right to the Statutory Maternity Pay. These days can be for the purpose of training, update sessions or even the normal job. The aim of 'keep in touch days' is to keep the Employee updated and informed and make it easier for the Employee to return to work at the end of the Maternity period.

It is important that it is agreed that on these days Employees can neither be disciplined nor disadvantaged for refusing to take part in these days. Employers will however need to pay in full for these “keep in touch” days in order to avoid the possibility of a claim for the difference between Statutory Maternity Pay and an Employee’s full pay with Employees availing themselves of either the Sex Discrimination or Equal Pay legislation.

Additional Paternity Rights

Additional Paternity Leave for fathers will be available for up to 26 weeks. Fathers will only be entitled to take leave if the mothers have not taken up their entitlement (in part or in full) to Additional Maternity Leave and have returned to work early.

The right also extends to fathers who adopt children as well as those who have their own.

A number of matters are yet to be clarified such as the entitlement of fathers to be paid for the period of Additional Paternity Leave and the qualifying period which applies before such a period can be taken. The administrative arrangements which would be necessary are also due to be clarified. What is known, is that the additional paternity leave can only be taken in a single block. It is also clear that all of these arrangements are going to make life even more complicated for the Employer than had previously been the case.

Amendments to working time

The legislation enables government to have the power to extend the right to annual leave. This is likely to result in employees being entitled to 20 days paid holiday plus the eight days bank holidays rather than simply 20 days inclusive of the 8 days bank holidays.

Conclusion

As always, communication is vital for Employers and Employees to have the best possible working relationship.

The Government's commitment to improving the work life balance is intended to strengthen working relationships and play an important part in augmenting the performance of the Employers' business. Working flexibility is also promoted as being invaluable for successful recruitment and retention and as a tool to increase the motivation, loyalty and commitment of Employees to their Employers. Whether these sentiments develop into workplace realities will be something for us all to consider in time to come.