The Society has warned businesses of all sizes must receive support and guidance to achieve the culture change the Government envisages for flexible working and shared parental leave, particularly at a time of acute financial pressure.
The Society said many low or middle income couples will not be able to take advantage of shared parental leave without higher levels of maternity pay, critically undermining the proposal.
The Law Society formally expressed its warning in its response to the second instalment of the Government's major employment law reform programme, 'Modern Workplaces'.
The Government's key proposals include 30 weeks additional parental leave to be available to either parent - of which 17 weeks would be paid and could be shared between both parents, the extension of the right to request flexible working to all employees employed for 26 consecutive weeks, new powers for Employment Tribunals to order employers to conduct an equal pay audit and publish their results where they have found the employer to have discriminated on pay and changes to the Working Time Regulations to take account of European case law enabling workers who are unable to take annual leave due to sickness maternity or parental leave to carry it forward into the following leave year.
Law Society president John Wotton said: "Greater flexible working has advantages for both employers and employees but implementing these changes will not be without cost. Proper support and statutory guidance for businesses is critical if the proposals for flexible working are to succeed.
"With regard to the laudable aims of creating shared parental leave, we doubt the majority of families will be able to afford to take this up without a significant rise in statutory maternity pay which is very disappointing."
The Government is currently considering responses to the Modern Workplaces consultation and is expected to publish its plans in November 2011. This will be followed by legislation, which the Society will monitor closely.
