Shared parental leave and the sexual family: the importance of encouraging men to care

ABSTRACT

This paper considers how shared parental leave could achieve its aim of encouraging fathers to provide care. I will argue that achieving this ambition is dependent upon the legislation continuing to be available only to those performing a parenting role, when two parents are providing childcare. Despite the problems with the two parent family model, it should be retained temporarily because it has unique potential to encourage men to care, as highlighted by Swedish legislation. This is the most effective way to challenge gender inequality. Shared parental leave should only be made available to a wider category of carers after men have been given a realistic chance to care. Widening access earlier risks reinforcing women’s association with caring work.

KEYWORDS:

• Fathers
• caring
• paid work
• reconciliation legislation
• sexual family

Acknowledgments

With thanks to Andreas Stephan, Marie Fox, Nicole Busby, Stephen Vaughn, Rosemary Auchmuty and the anonymous reviewer for their feedback and constructive comments on previous drafts of this article.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. In the UK, see the Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013, Children Act 1989, s 2.

2. Children Act 1989, Adoption and Children Act 2002, Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013, Human Fertilisation and Embryology Act 2008.

3. This is available also to adopters (Employment Act 2002) and those who have a baby through surrogacy (Children and Families Act 2014, s 122).

4. This introduced s 80A Employment Rights Act 1996. The Paternity and Adoption Leave Regulations 2002 introduces the detailed provisions.

5. Introduced into Social Security Contributions and Benefits Act 1992, s 171ZE(2)(b).

6. This would have been in contrast to unpaid parental leave, which is available to those with parental responsibility, so those performing the parenting role in place of the child’s parents (The Maternity and Parental Leave etc. Regulations 1999, reg 14).