dad with daughter

So as you probably didn’t hear (because I’ve not seen it covered anywhere within the feminist blogosphere – sigh – and only given marginal press within mainstream media), Labour announced a couple days ago quite radical changes to the maternity and paternity leave laws, which will apply to children due on or after 3 April 2011 (provided they win the next general election).

Right now in the UK, a woman who gives birth to or adopts a child while in paid employment*  is entitled to nine months’ paid maternity leave (most of which is on the Statutory Maternity Pay (SMP) of £123.06 per week; only the first six weeks is paid at 90% of one’s regular salary) and then three further months unpaid, with her partner being eligible for two weeks’ paid paternity leave, also paid at the SMP rate. Some employers pay more on top of that but many don’t so it can be assumed that this is what the majority of employees who take maternity or paternity leave will earn.

The proposed changes would give a woman the option of returning to work after six months, transferring the remaining three months of paid leave over to her partner. Her partner would then have the option of taking a further three months’ leave from his or her** job, unpaid. The total leave would still amount to 12 months (9 paid, 3 unpaid) but would be more easily split between them. In theory, this would give female breadwinners and those who would like to return to work after six months the ability to go back sooner without having to put their babies into non-familial care. It would also give men who earn less than their partners or who want to be more involved in their child’s care in the first year an opportunity to stay at home for 3-6 months without losing their jobs.

That’s the bare-bones of it and how it’s laid out on paper. However, whether and how it is taken up in practise is another matter entirely. Let’s run this through a reality check.

First, let’s look at the various combinations that could be employed with this new legislation. One reality is that some women won’t be able to afford being on the SMP rate at all (a more likely situation for single mums) and so will return to work even sooner than six months. This change does not help her at all, sadly. Another likely scenario for many people will be for the mother to stay at home for the full nine months until the unpaid portion of leave kicks in, which she may or may not take depending on the family’s circumstances. This may be due to personal choice, social conditioning/pressure or practical reasons (such as financial concerns or breastfeeding).

But a woman who takes her six months’ leave and then decides to return to work after this period of time (because she is the higher earner or because her income, though less than her partner’s, is needed, or simply because she wants to) now has the option of putting her 5-6 month-old baby into care or transferring the remainder of her leave entitlement over to her partner (if she has one).  In families where it is financially possible for the father to take a 3-6 month financial hit after the mother already has as well, without any severe consequences, this is potentially great news. But in a family where unpaid or reduced-pay leave for the father (even for ‘only’ three months) is not an option, does it seem likely that the male partner will be willing or able to take over the childcare duties for those three months? Will he even want to? Or will it “make more sense” for the woman to stay at home for the three remaining ‘paid’ months, as she has done for the previous six, especially if she is paid less, is breastfeeding and/or already has a daily routine and support system in place?

Though I do think that there are certainly couples out there in which the woman either needs or wants to return to work after six months and the father would be willing, perhaps even eager, to be the sole care provider for his child for at least three months, I don’t think as many men will take it up as one might expect or hope. First, there is the social stigma to deal with. A man wanting to look after his baby in theory faces the reality of having to ask for the leave from his employer and then explain to his colleagues why he will be gone. For most men, caring for children is still widely viewed as ‘women’s work’ and taking on a role almost exclusively performed by women can be viewed as a threat to his status, both socially and professionally; if not by him then certainly by at least some of his peers.

A man who looks after his children is often viewed as a bumbling, inept ‘helper’ to the mother, doing her a favour or humouring her for the sake of the ‘easy life’. Fathers I’ve spoken to (including my own husband) have told me of the times they’ve taken their children out in public without the mother present and gotten comments about how great he is for “taking them off mum’s hands,” or “giving mum the day off” as if that’s the only reason he would be solely responsible for them — as a favour to his wife or partner. Heaven forbid he actually wants and is able to look after them by himself! Some dads even report being asked if they’re divorced and on a ‘weekend pass’ with their children.

The social conditioning that men (and all of us) have been subject to sends the strong message that fathers are the second-string, the back-up team, only needed when mum isn’t around for some (usually selfish) reason. Even then, fathers aren’t expected to perform as well at parenting as their female counterparts. I’ve heard many a story of other women rushing in to offer to make a cake for a single dad who is supposed to contribute to the school’s bake sale, or telling a stay-at-home dad that he doesn’t have to take part in the snack rota at playgroup because he “has his hands full already.” The message to men, from all sides, is that parenting is not really their area of expertise (or at least, combining parenting with household responsibilities isn’t) and that just keeping the children alive and fed and the house standing is all that is expected of them.

The second hurdle in encouraging men to take this option is financial. If a man is the higher earner (as is the case in the majority of partnerships), it will be much more difficult and sometimes even impossible for him to collect SMP wages instead of his normal salary. Of the small proportion of families who would be able to do this, few within that group would be able to function without any income at all on his part, if he were to take the final three months unpaid. It isn’t clear from the wording of the new legislation but I’ve read from other sources that if a couple wants the father to take his three months at SMP but cannot afford for him to take the final three months unpaid, they lose the option for the mother to take it, effectively shortening their total entitlement to just nine months instead of twelve. This is supposedly to encourage more fathers to take at least their three months at SMP.

Again, it sounds good in theory, giving a bit of incentive for men to take the paternity leave they are entitled to, but I remain doubtful that the incentives will be enough to overcome the social and financial hurdles that a lengthened paternity leave presents. Until the social stigma of men caring for children and performing domestic duties is broken and until women receive equal pay and opportunities at work, free from gender discrimination, paternity leave and maternity leave will remain quick fixes for a much wider, more complex problem that is endemic in our society.

*Restrictions apply

**Paternity leave applies to female partners of women who give birth or adopt but for the sake of simplicity and because heterosexual relationships that produce children are more prevalent, I will be using ‘he’ to signify the partners of new mothers

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