Clause 1 - Paternity leave
Employment Bill
2:30 pm
Mr Alan Johnson (Minister of State (Employment and the Regions), Department of Trade and Industry; Kingston upon Hull West and Hessle, Labour)
The first point made by the hon. Member for Runnymede and Weybridge (Mr. Hammond) concerned flexibility and the co-operative approach, by which he meant that the employer should talk to the employee because in the majority of cases where these provisions already exist as procedures introduced by the employer that kind of communication is part of the everyday operation of such schemes. We would certainly amplify best practice in the guidance that we shall produce. There is an inalienable right during the period of 56 days to take leave starting from the date of birth. When an individual gives notice, they can specify that they want to take their leave on the date of birth, which is not specific for obvious reasons, or they can choose to take a specific period starting on a specific date during the
56 days. Consultation would be necessary in the cases of employees who say, ''I don't want leave from the date of birth, but I do want it from a couple weeks afterwards. Do you mind if I start it on a Monday?'' The employee has the right, which cannot be reduced or diminished, in that case, but I would still expect there to be constructive dialogue.
If an employee wants to change the period once they have set it, which would mean that they had picked a specific period before deciding that they needed to change it, our intention in regulation would be that they must give 28 days' notice. The hon. Gentleman asked what would happen if they did not give notice; the answer is that they would not get the leave.
There are some questions that one does not expect to be asked in Committee, of which, ''Will the Minister deal with polygamy in the regulations?'' is one. I have a note on this matter, but perhaps it would be a mistake to read it out because I thought that I had grasped the matter before I read it. This may refer not to polygamy but to be the father of several children, for whatever reasons. I had better leave these things to hon. Members' imaginations.