New right for fathers to take time off for antenatal appointments – yes, really!

With effect from 1st October 2014, fathers have the right to unpaid time off to accompany their spouse or partner to antenatal appointments.

Those entitled to do this include the:

• baby’s father (obviously!)
• the expectant mother’s spouse,
• her civil partner
• or partner (of either sex) in an enduring relationship

and are all able to exercise the new right and of course it is possible that more than one person may claim an entitlement.  The intended parents of a child in surrogacy arrangement are also entitled to the time off.

Parents adopting a child will also get the right to attend meetings in advance of a child being placed with them.  However, this does not come in to force until 5th April 2015.

An employee will be able to take unpaid leave for one or two antenatal appointments with a maximum of six and a half hours per appointment in relation to each child.  An employee can of course, at its discretion, allow additional appointments.

The employee must provide evidence to the employer in the form of a signed declaration, specifying a number of facts inlcuding they have a qualifying relationship with a pregnant woman, date and time of the appointment and so on.

There is no express right to be paid for this time off, any payment made by the employer will be entirely discretionary – unless you choose to make it a contractual right.

You can refuse an employee time off to attend this appointment – where it is reasonable to do so.  Do bear in mind there is currently no guidance as to when it would be reasonable to refuse such a request!  However, where you have been given short notice by the employee and there are pressing business deadlines, that would constitute reasonable grounds on which to refuse such a request.

Beware of the consequences of refusal

• where a worker is unreasonably refused time off, they may bring a claim in an employment tribunal for compensation
• the award will be of an amount equal to twice their hourly rate for the period of time off requested