Does the employment law help?

You're a working mum. What would help you juggle your family and job: flexible working hours? More time off after your baby is born? A partner with time to help at home? But did you also know, that by law you should be entitled to all of the above?

Flexible working

Thanks to the employment law, parents of children under six and disabled children under 18 can ask their employer to consider flexible ways of working, and the employer is legally obliged to listen. Both men and women can apply, and to be eligible, you must have worked for your employer for six months.

There are many ways to work flexibly. You can go part-time, job share, compress your hours into a shorter week with longer days, use flexi-time, cut your hours (if you're prepared to also cut your salary), or work from home. According to the Department of Trade and Industry, nine out of ten employers agree that it doesn't cost them much, if anything, to put these practices into place.

In fact, many leading companies already offer flexible working, and say they benefit from happier, more motivated staff, who stay in their jobs longer and take less sick leave. Yet, a recent survey by the Equal Opportunities Commission found that many people are nervous about asking to change their hours: 18 per cent assumed their bosses would not respond well.

Caroline Kingdom, a mother of two from Cambridgeshire, knows this from experience. "When I went back to work after my son was born and before the employment law was passed, my hours meant I had a mad dash to collect him from day care in time, and was always the last parent to arrive. I asked my boss if I could cut my lunch hour by half and leave half an hour early, but she was reluctant, and I didn't want to cause any bad feeling." Today, Caroline and her boss would follow a formal procedure, which would allow proper discussion of the issues, and hopefully a more positive result.

It's up to you

The aim of the employment law is to help people balance life and work better, but it is still your responsibility as an employee to persuade the boss that your proposed hours will work. And your boss is entitled to refuse if he or she can show that it will hurt their business. (For example, if you work in a restaurant, asking if you can always work Tuesdays instead of Saturdays may be unrealistic).

Plan your request carefully - be very clear about the changes you want, presenting a persuasive argument to your employer. Be prepared to compromise if necessary. Giving plenty of notice and finding out if your colleagues are happy to fill-in or adjust their schedules might also be a good idea. If you want to change your hours, try these guidelines for approaching your boss. There are formal structures for appeal if you feel you've been refused unfairly - ask our career rights expert about your specific situation.

Changing attitudes

Even if employers have a legal obligation to consider flexible working for their employees, workers must be prepared to ask for it. "We need a radical change of culture in the workplace so that parents feel confident enough to ask their boss for flexibility if they need it," says Julie Mellor of the Equal Opportunities Commission. "Asking to change your hours isn't a sign that you're any less committed to the job."

One concern is that parents of older children, or non-parents, will resent people who get these new rights, but research so far has not shown this. Maggy Meade-King of campaigning group Parents at Work says: "We're very concerned about the fact that the law doesn't cover parents of children older than six, as we know all parents need flexibility. The hope is that once employers have to put a system in place, they'll feel that they might as well do it for everybody."

More time off

Work usually clashes most violently with life if there is a family crisis, like long-term illness. The good news is that parents are entitled to take up to 13 weeks off during their child's first five years. The bad news is it's unpaid.

"It would have sent out a really good message if parents had been encouraged to take this and if it had also been paid leave," says Maggy Meade-King. "An emergency situation can often break the camel's back in a family, and if you're on the edge economically, as a lot of young families are, unpaid leave is not necessarily an option. But it's a good start."

Maternity benefits

Maternity leave: extended to six months.

Who's eligible? Everyone, regardless of length of service or working hours.

Maternity pay: first six weeks at 90 per cent of salary, remaining 20 weeks increased to £100 or 90 per cent of average weekly wage, whichever is smaller.

Who's eligible? Those who've been in continuous employment for at least six months by the qualifying week (15 weeks before the week your baby's due).

Additional maternity leave: a further six months unpaid.

Who's eligible? Those who've been in continuous employment for at least six months by the qualifying week (15 weeks before the week your baby's due).

Paternity benefits

Fathers can take up to two weeks off, paid at a flat rate of £100, within eight weeks of their baby's birth.

Adoption

Parents adopting are eligible for many of the same benefits as other parents. For more details ask our expert.

Proper notice must be given for the above benefits to apply. Ask your employer for details. Alternatively, call the DTI national helpline on 08457 47 47 47 or visit the DTI website.