According to the ECJ, EU law permits a national law providing for shared maternity leave on the basis that the mother must be employed and covered by the state social security system in order for the employed father to share part of her maternity leave.
It is not prohibited to provide that the father's right to take leave is secondary and contingent on the mother's entitlement, so that the partner of a self-employed mother without the primary right to leave also has no right to leave. (Betriu Montull v INSS, C-5/12)
This will be welcome news to the UK Government, given its plans to provide for shared parental leave contingent on the mother's entitlement from 2015. These proposals are included in the Children and Families Bill which starts its Committee stage in the House of Lords today.
Eligible fathers in Singapore with babies who are Singapore citizens born on or after 1 May 2013 are entitled to take one week of paid paternity leave. In addition, they may be able to ‘share’ one week of the mother’s 16 weeks of paid maternity entitlement, subject to eligibility and the mother’s agreement. The provisions relating to paternity leave can be found in the Child Development Co-Savings Act, Chapter 38A of Singapore. Continue reading
The Government is consulting until 17 May 2013 on how the shared parental leave scheme to be introduced in 2015 (see here) should be administered – click here for the consultation paper. The power to introduce the scheme is contained in the Children and Families Bill but most of the detail is left to regulations yet to be drafted. The Government intends to publish its response in "late summer".
Key points (subject to consultation) include:
On 4 February 2013 the Government published the Children and Families Bill which will introduce the new shared parental leave regime and the extension of the right to request flexible working to all employees.
The Bill includes powers to make regulations (not yet available) providing for the new "shared parental leave" which will be an alternative to maternity leave, expected from 2015. Details of the proposals are set out in our blog and discussed in this article published in Employment Law Journal in January 2013, before the Bill was published.