Oxford: Expectant dads must get time off for baby scans, warns Blake Morgan

Employers are being warned that they risk falling foul of a new law if they do not allow expectant fathers time off to attend their pregnant partners' ante-natal appointments.

James Simpson, a partner in the employment team at Oxford firm Blake Morgan, says employers may not be aware of changes in the law that come into effect from October 1.

From that date, the Children and Families Act 2014 introduces a new right for fathers, partners and parents of pregnant women to take unpaid time off work to attend up to two ante-natal appointments, such as ultrasound scans.

The right will be available to an employee or agency worker who has a “qualifying relationship” with a pregnant woman or her expected child.

This may be the child’s father, the woman’s husband or a civil partner – including a same-sex partner. It can also apply to anyone who intends to apply for a parental order in relation to a child born to a surrogate mother.

Simpson said: “This change in the law has not been particularly well-publicised so far but it is an important one for employers. They need to be aware of the changes because staff handbooks will need to be amended and the changes made clear to staff – particularly to line managers who may be dealing with the requests for time off.

“Employers should also be aware that although the right to time off may be refused when it is reasonable to do so, there is no guidance in the legislation as to when it would be reasonable. A staff member who is unreasonably refused time off to attend an ante-natal appointment could bring an employment tribunal claim and the employer could end up having to pay compensation.”

Further changes to employee rights are also due to be introduced by the Act in April 2015, when there will be new rules around shared parental leave and significant changes for adoptive parents.

Simpson added: “It’s important for employers to make sure they remain on top of the legislative changes as employment law is changing rapidly as the government continues its drive to be ‘family friendly’. Any employers who are in doubt should seek advice rather than leave themselves at risk of being found liable at an employment tribunal.”