Maternity/Paternity/Parental Leave Policies: Things to Think About
Internal Issues:
Do you have a written policy, and does the written policy address the following:
- Definitions of maternity, adoption, paternity, parental leave
Pre departure
- Who needs to be notified and by when
- What arrangements can be made for time off for ante natal care and other relevant appointments
- What is the maximum length of time members can have their seat held and is it dependant on which type of leave the member is taking
- What if any rent free period is available for members and how will this be calculated and administered:
- Will rent be payable while member is on leave
- Which period will be rent free
- Will this include any clerks fees
- Will the rent free period include Chambers expenses
- How will rent be calculated on return in order to assist and incentive return
- What administration tasks will the clerks undertake on behalf of members on leave
- Can chambers offer paperwork to members who want it/what work will the barrister undertake whilst on leave
- Does chambers have the facilities to scan and email briefs to members who are on leave
- How will this be marketed to solicitors
- What information will Chambers advise members of, e.g. social events, voting on new members of chambers, lectures and seminars, etc
- How will Chambers contact barristers whilst they are on leave
- What is the expected return date
- When does this return date need to be confirmed by
- What work does the barrister expect to undertake on return to practice, i.e. will this have to be family friendly or is it ‘business as usual’
- Will members still have access to lawtel/other subscription sites through Chambers
- Will there be a Chambers buddy to ‘advise, befriend, assist’ the member on leave and how will this work in practice
Pre return
- Return practice – full-time, part-time, etc
- Are members able to undertake part–time or flexible working on their return; if so how will this work in practice
- Will information be sent to solicitors advising of a member’s return to practice; if so, how soon before the member returns will this be done
- Who needs to be notified and by when
- What is the process/procedure if the barrister decides not to return to practice
Policies
- What facilities does Chambers offer for maternity returners i.e. refrigeration for expressed milk, information on the nearest child care providers, can Chambers obtain a discount for members, etc
- Can Chambers offer those on leave access to in-house seminars on relevant practice areas/advocacy exercises to assist with knowledge/CPD point/confidence
- Who will be responsible for dealing with any complaints or queries regarding Chambers policies
- Who is responsible for ensuring practising certificates and insurance are current upon return
Pupils
- How will the above to pupils, in line with Part V of the Consolidated Regulations of the Inns of Court and the General Council of the Bar as regards the period over which the practising and non-practising sixes can be spread
- How will this effect their award
- Who will be responsible for obtaining the appropriate exemption from the Consolidated Regulations
- Who will be their point of contact, i.e. will it be their allocated pupil supervisor or someone else thus ‘freeing up’ a pupil supervisor to supervise other pupils
- How will this apply to third six pupils
Other
- How will the above apply to parents of disabled or sick children or relatives
External Issues
- Does Chambers policy comply with the relevant legislation re the following:
- Maternity leave
- Paternity
- Adoption
- Parental leave
- Does Chambers policy follow with Barmark equal opportunity policies, i.e:
- It is recommended that chambers offer their members taking maternity leave or following adoption a minimum period of 6 months free of rent and expenses – how will this be calculated
- It is recommended that a woman should have the right to return to her chambers as a tenant following the birth or adoption of a child and that this right to return should continue for a guaranteed period of at least a year.
- In order to assist a member of chambers in returning to work it will be helpful if chambers maintain contact and if requested offers suitable work during maternity leave.
- Members of chambers who are away on maternity leave or other forms of career break should always be consulted in relation to major chamber decisions that may affect their practices.
- Does it follow the Bar Council’s model maternity policy
- Does it follow the policies of your clients, e.g. the cps produced an ‘Equality and Diversity Expectations Statement for the Bar’ and expects the Chambers through which it secures legal services to:
- “have a written policy on maternity, paternity and paternal leave which contains particulars of:
- the extent of period of leave offered free of rent and Chambers expenses;
- the member’s right to return to Chambers after a specified period of leave.
- have a written policy permitting members of Chambers to take career breaks or work flexibly”.
Other Sources of Information
- Bar Council Equality and Diversity Helpline - 020 7611 1310
- Bar Standards Board Equality and Diversity Code can be accessed via the Bar Standards Board website
- Information about tax credits and child benefits can be accessed via the HM Reveue & Customs website
- Information about ‘keeping in touch days’ can be accessed via the Directgov website
- Information regarding maternity allowance can be found at the Directgov website
