why do adoptive parents have better rights than biological ones?

ninky_2

adoptive parents are entitled to take statutory adoption leave for up to 52 weeks. they get to divide this up how they wish between the parents. for biological parents this is not the case. it's only the woman who is entitled to the long leave 'maternity' pay and men have to make to with 2 weeks paternity.

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Adoptionrightsintheworkplace/DG_10029406

surely this is blatantly unfair?

if paid parental leave is to be given, it should be up to the parents how they wish to divide it up (other than the minimum safe recovery time for the birth mother obviously which i believe is a couple of weeks).

the parental leave laws are a massive anachronism and i don't think would stand scrutiny in the european courts.

fawd1

I would assume that it's because in the case of biological parents, one of them has had to give birth which, believe it or not, is a pretty huge thing for a body to go through. Therefore it is assumed, quite rightly, and with input from medical professionals, that it will take at least six weeks for a womans body to recover after giving birth. This of course doesn't include the time before giving birth when a womans body is just generally exhausted (what with carrying around another human for the last nine months). It also doesn't include any time for breastfeeding, which, in my experience is absolutely shattering. And if you don't believe it's fair then I would suggest giving birth to a nine pound baby and then breastfeeding for three months and then tell me whether you think the father should have gotten some of your time off!!

ginvzt

Yes, woman's body does need to recover, but I don't see why can't it be shared between parents: mother takes first 26 week, father takes the second half (so, the last 6 months). Also, often women start maternity leave before actually giving birth, as it is hard job to carry another human (as fawd1 poitned out). Thus leaving less time with he child once he/she is there. I think this is a bit unfair.

I know in Lithuania are given up to about 2 months maternity leave before actual birth, and then you can take leave until child is 2 (paid 100% until 1st birthday, 85% until 2nd birthday). Ok, I do not expect to be at home until child is 2 here or to get 100% of my pay, but the policy to give woman some leave before the big even I think is a very good one.

Pepzofio

Yeah, but they're in the process of changing it, aren't they? Not sure of the exact details and how comparable it is to adoption leave, but it's certainly a step in the right direction towards making things more equitable.
http://www.guardian.co.uk/money/2010/jan/28/fathers-six-months-paternity-leave

kindofagilr

I understand what OP means.

I am lucky, I get good Mat leave at work, I get 26 weeks full pay, can then take 13 weeks SMP and then take another 13 off with no money at all.

All OH gets is 1 weeks full pay from work, and 1 weeks Paternity Pay.

I think they are changing it to where the father can have 3 months off but I am not sure.

It would be nice for me to have the 26 + 13 weeks off and for OH to then get 13 weeks as well (whether it will be paid or if it will be paternity pay from government is the thing I am unsure of)

Edit to add:

This is from that link

Fathers will have a legal right to take the place of the mother at home for the last three months of her nine-month maternity leave.
During that time, they would be eligible for statutory government pay of £123 a week. They would then be allowed to take an additional unpaid three months off, which would effectively allow couples to have a total of 12 months' parental leave between them.

So in order for OH to have time off I would have to return to work after 6 months instead of the 9?

It doesnt give couples anymore money, just means OH can have the last 6 months off (3 months SMP and 3 months nothing) and me the first.

Wouldnt be feasible in our case as OH earns slightly more than me, and money is tight anyway.

mummy_Jay

Work place risk regularations reconise that womens bodies take 6 months to recover (so for that period if you return to work you find the same restrictions as during pregnancy remain fo this period). You also have the government guidelines telling women that they should be breastfeeding for these first 6 months also. Only once men are able to give birth should consideration be to reduce the womans right to time with there child, after birth.
Can I aslo ask how you would handle maternity rights of a lone parent, would there child miss out on time with a parent as the parent didn't have a partner?

Any way BOTH parent have the right to 13 weeks parental leave.

iamana1ias

mummy_Jay wrote: »

Any way BOTH parent have the right to 13 weeks parental leave.

Only when taken in 1 week blocks to a maximum of 4 weeks a year in the years up to the child's 5th birthday

Oh, and it's unpaid

csh_2

Just wondering if the adoption pay and rules are worded that way to ensure A parent is allowed by law to have the full time off. In the case where adoption is by 2 men, if the adoption laws on ML/PL weren't different, each Dad would only be allowed 2 wks Paternity then 13wks Parental Leave rather than the 52 wk period.

ninky_2

csh wrote: »

Just wondering if the adoption pay and rules are worded that way to ensure A parent is allowed by law to have the full time off. In the case where adoption is by 2 men, if the adoption laws on ML/PL weren't different, each Dad would only be allowed 2 wks Paternity then 13wks Parental Leave rather than the 52 wk period.

no. that is my point. in the case of same sex couples one partner can take the full adoption leave and the other the shorter "paternity" leave. so actually, even if it is a straight couple, the man can decide to take the longer adoption leave (equivalent to maternity) and the woman can take the shorter "paternity" leave.

alll i'm saying is i think it should be up to the parents to decide what is right for them. in some cases couples might decide they prefer to continue to do the same thing. for others they might want to change things.

i earn far more than my husband but it is as self-employment so i'd only be eligible for the lower maternity pay. there would certainly be advantages for someone like me to be able to return to work sooner and let my husband stay at home and look after the baby.

regarding the breastfeeding thing. research now suggests that it is male hormone levels that effect development in the womb and problems breastfeeding and that bottle feeding is not harmful to the baby. plus you can 'express' if you want to! anyhow - i just think there should be freedom of choice.

kindofagilr

I do agree with you OP and I think a lot of people on here are getting the wrong end of the stick with your post.

For example some of them presumed you were a man and wanting your missus leave lol.

If a woman wants to return to work after 4 weeks for example and have her OH take the 22 remaining weeks of full pay then I see no reason why that cant be the case?

I personally wouldnt, OH earns about £100 a month more than me, so we would lose more money if he went off, and I personally want to spend as much time with babybean as poss, so am taking 4 weeks leave, 26 weeks mat leave, 13 weeks smp, then 4 weeks leave, so I am off just under a year.

OH will be with me for the first two weeks after birth, it would personally for me be nicer if he could have more time off at the same time as me.

iamana1ias

kindofagilr wrote: »

I do agree with you OP and I think a lot of people on here are getting the wrong end of the stick with your post.

For example some of them presumed you were a man and wanting your missus leave lol.

If a woman wants to return to work after 4 weeks for example and have her OH take the 22 remaining weeks of full pay then I see no reason why that cant be the case?

I personally wouldnt, OH earns about £100 a month more than me, so we would lose more money if he went off, and I personally want to spend as much time with babybean as poss, so am taking 4 weeks leave, 26 weeks mat leave, 13 weeks smp, then 4 weeks leave, so I am off just under a year.

OH will be with me for the first two weeks after birth, it would personally for me be nicer if he could have more time off at the same time as me.

He can take some of his annual leave then, can't he?