Employers must approach maternity leave for premature newborns more sensitively if they want to retain staff
Legislation around maternity leave has been put under the spotlight this week, as more than 105,000 people have signed a petition calling for the government to extend the length of time granted for parents who have premature babies.
Current law stipulates that employers must grant up to 52 weeks maternity leave.
An employee can choose to start maternity leave on any day, provided that it is not longer than 11 weeks before the week the baby is due. However, if a baby is born prematurely, the employee’s maternity leave starts automatically on the day after the birth.
Employers are currently under no obligation to extend the period of maternity leave or delay it to a later date. This current legal position therefore doesn’t take into consideration that premature babies sometimes spend extended time in hospital, meaning parents often aren’t afforded their desired amount of time at home with their newborn.
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This can lead to pressure for new parents to return to work before they are ready, and can have negative implications for both employees and employers.
Legal amendment
The proposed amendment is due to be voiced in the Commons today, but no matter the eventual outcome, employers should carefully consider how they approach their maternity leave policies moving forwards or they risk alienating staff.
When workers have children prematurely, they are under an enormous amount of strain dealing with the baby, and even when their child is well enough to leave hospital care, they will have to face the stark reality that a significant chunk of their statutory leave and pay has been used up.
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This seems harsh and it is understandable that parents in this position would feel that they need more flexibility and support.
Pressure on businesses
If the amendment is made law, employers could be obliged to delay the start of maternity leave and pay to begin only after the period for which the premature baby is under hospital care.
While this would be popular with parents, it would place considerable pressure on some employers – particularly smaller businesses that might struggle to keep jobs open for workers indefinitely.
Pending any change in the law employers should consider flexible working arrangements to allow extra time at home for parents of premature babies.
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While employers can decline such requests if there is a clear business reason to do so, they need to be aware that they could lose valuable members of staff.
Even if requests for flexible working are rejected, employers should show concern for workers through the process and be aware of how any extra pressure on their home life could impact on their performance at work.
It shouldn’t need a petition to get considerable attention for employers to think about treating their workforce compassionately, particularly in the face of adversity, but it is a timely reminder to look for alternative and more flexible working arrangements to find a balance that works for both the business and its employees.