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Action Area C - Maternity, Paternity and Parental Leave
C. MATERNITY, PATERNITY AND PARENTAL LEAVE
Written Policies
1.53 All Chambers of more than one tenant should have a written policy on maternity, paternity, parental leave and flexible working. This policy should contain particulars of:
· the member’s right to return to Chambers after a specified period of leave;
· the extent of the periods of leave offered free of Chambers’ rent and expenses;
· the manner in which the rent and expenses to be waived, deducted or reimbursed in respect of a period of leave will be calculated;
· the member’s entitlement to work part-time or flexibly or to take a career break for childcare or other reasons;
· the procedure for dealing with grievances under the policy;
· Chambers’ commitment regularly to review the effectiveness of the policy.
Period of Leave Free of Rent and Chambers’ Expenses
1.54 The Maternity, Paternity and Flexible Working Policy approved by the Bar Council recommends that Chambers should offer their members taking maternity leave or leave following adoption, a minimum period of six months’ free of Chambers’ rent and expenses. This rent-free period should apply irrespective of whether the Chambers’ rent is calculated as a percentage of fees earned or is a flat rate payment. The mechanics of calculation will be a matter for individual Chambers depending upon how rent is paid. For women paying a percentage of receipts, one option is to base the calculation of the rent free period on average earnings over the preceding twelve months. The rent-free period could be applied during the six months after the woman has returned to Chambers as this would be a time of relatively low income. Policies may need to cover matters such as clerks’ fees, mortgage repayments and any contributions payable in respect of one-off investments, as appropriate.
LINK TO MATERNITY, PATERNITY AND FLEXIBLE WORKING POLICY
1.55 The Maternity, Paternity and Flexible Working Policy approved by the Bar Council recommends that members of Chambers should be offered a minimum of one month’s leave free of Chambers’ rent and expenses following the birth or adoption of a child by their partner, where they have or share responsibility for that child and so that they can discharge that responsibility.
1.56 These recommended minimum periods of leave are not intended to discourage Chambers from adopting a more generous policy.
Right to Return to Chambers
1.57 The Bar Council recommends that a woman should have the right to return to her Chambers as a tenant following the birth or adoption of a child. The right to return should continue for a guaranteed period of at least a year. During that period, she should be able to return to Chambers without the need to re-apply for admission. Chambers are encouraged to offer a longer period of leave.
1.58 The recommendation in paragraph 1.57 should also be applied to a man who adopts and is the principal carer of the adopted child.
Assistance to Return to Chambers and to Work During Maternity Leave or Career Break
1.59 Chambers are encouraged to respond positively to members’ wishes to work during their maternity leave or any career break. Chambers’ written policy should set out how Chambers plan to assist their members to keep in touch with Chambers and with practice developments during any period of leave and to return to practice. Invitations to training events, social occasions and information on Chambers’ business should be passed on to members on maternity leave or a career break and Chambers should endeavour to consult with them in relation to major Chambers’ decisions which may affect the member’s practice.
Grievance Procedures, Monitoring and Review
1.60 Chambers should adopt procedures which enable members to raise concerns about the Chambers’ maternity, paternity and flexible working policy and its application. There should be one or more Chambers Equal Opportunity Officers (see para. 2.14 below) who can respond to queries about the policy and provide reports on its effectiveness and value. The policy should be circulated to all members, clerks and staff of chambers so that they understand the policy and their role in relation to it.
