From modern workplaces to modern families – re-envisioning the work–family conflict

Abstract

The Modern Workplaces Consultation 2011 set the foundations for the current revisions to work–family rights in the UK. They are underpinned by a desire to make modern workplaces more flexible and responsive to the needs of working families. The Children and Families Act 2014 implements, in part, the consultation’s proposals, but falls far short of its most significant recommendations. Nevertheless, it does extend access to work–family rights to some alternative working family models. The analysis undertaken here, however, indicates that this is limited to families that most closely conform to the dual-partnered working family model. Drawing from Fineman, Herring and McGlynn’s references to relationships of care, it is argued that instead of re-branding current rights the government should re-envision the concept of the family and family care. It is only through renegotiating the categories of caregiving recognised in law that the needs of modern working families will genuinely be met.

Keywords:

• Children and Families Act 2014
• shared parental leave
• working families
• work–family conflict

Notes

^⋆ An earlier version of this paper was presented at the 2013 SLSA Annual conference at the University of York. The recording of the conference proceedings is available from: Weldon-Johns, M. (2013). Modern Workplaces and Modern Families: Revising the Work-Family Concept. feminists@law, 3, http://journals.kent.ac.uk/kent/index.php/feministsatlaw/article/view/73/196.

1. The right to family leave entitles a working person to 12 work weeks of unpaid leave in order to care for a child during their first year, or the first year following their adoption. The right to medical leave, also 12 weeks of unpaid leave per year, can be used to care for a seriously ill child, parent or spouse. This is discussed further below.

2. As previously contained within Flexible Working (Procedural Requirements) Regulations 2002, SI 2002/3207; Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002, SI 2002/3236.

3. 29 CFR 825, § 825.122(c)(3); For a discussion of this see Martin v. Brevard County Public Schools, No. 07-11196, D.C. Docket No. 05-00971 CV-ORL-22-KRS, (11th Circuit, 30 September 2008).

4. While there was overwhelming support for the transfer of leave to lone parents, 8% of respondents did identify these potential problems for non-resident fathers (HM Government, 2012a, p. 22).

5. CFA, s.11 amending s. 1 Children Act 1989 and also discussed by the Children’s Minister during the passage of the Bill through parliament: Children and Families Bill Press Release, Annex A; Children and Families Bill, Second Reading, 25 February 2013, Col. 55.