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EMPLOYMENT – PARENTAL AND MATERNITY RIGHTS

*Relatively recent legislation
*Dealing with statutory minimums
*Statutory rights only apply to “employees

MATERNITY PAY

*Development: Employment Relations Act 1999;
Employment Act 2002; Work and Families Act 2006
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164): employed for at least 26 weeks (ending with the 15th week
before EWC); earns more than £107 p/w
*Entitled to SMP for the first 39 weeks at 2 different rates: first 6 wks: Higher Rate (90% of
woman’s salary); thereafter: Lower Rate (£135
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ANTE-NATAL CARE

PATERNITY RIGHTS

*Sections 55-57 ERA 1996: the right not to be
unreasonably refused time off to attend ante-natal care
appointments during working hours; and the right to be
paid for this period of absence
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*What is ante-natal care?Gregory v Tudsbury Ltd –
included relaxation classes
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*An employer may refuse to give time off work if
reasonable
*If unreasonable, the woman will have the right to claim
for any unpaid hours
*It is automatically unfair to dismiss someone for a
reason connected with pregnancy, irrespective of length
of service
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MATERNITY LEAVE
Three types of Maternity Leave:1
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2
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3
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Obligation on the employer to ensure
no work is completed during this time
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Starts on
the day the employee wishes it to begin
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*Reg 4(1)(a): The employer must be informed no later
that the 15th week before the week the baby is due to
arrive: The fact that the woman is pregnant; The
expected week of childbirth (EWC); The date on which
the OML is due to start (this can be any time after the
11th week prior to the expected week of childbirth)
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*The Employer must notify the woman when the OML
will end within 28 days of being given notice (Reg 4(2))
*The woman can change the date OML will start
provided 28 days notice is given to the Employer (Reg
4(1A))
*Can return on a part-time basis
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*Can return before 26wks, but there is an obligation to
give notice of your intention to return - Nu-Swift
International Ltd v Mallison
*AML: Since April 2007 – an additional 26 wks of
maternity leave is available to all employees
*The right to return is not the same as under OML:
“reasonably practicable”
*Up to 10 days work can be carried out (Reg 12A)
*The date of return can be changed by the employee
giving 8 wks notice (Reg 11)
*Where the employee decides not to return – normal
contractual notice applies
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*1 – 2 weeks paternity leave available
*Leave can start: from the date of the child’s birth (whether this is earlier or later than
expected); or from a chosen number of days or weeks after the date of the child’s birth; or from
a chosen date later than the first date of the week in which the baby is expected to be born
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6-10):you are the father of a child due
on or after 3 April 2011; your wife, partner or civil partner is pregnant and due to give birth to a
child on or after 3 April 2011 - Available for a maximum of 26 wks
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*Time off for Dependents: *Unpaid; unexpected or sudden events; available for men and
women, FT and PT, irrespective of their hours of work, permanent or temp contracts; section
57A Employment Rights Act 1996: to provide assistance when a dependent falls ill or is injured;
to make arrangements for the provision of care for a dependent who is ill or injured; can include
time to make arrangements for a funeral; where there is an unexpected disruption or termination
of arrangements for care (i
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closure of a nursery); to deal with an incident which involves the
child during school
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*Adoption leave: since April 2003; “newly placed Adoption” only; at least 26 weeks
continuous service; leave mirrors maternity leave (OAL an AAL available); only available for
one parent
FLEXIBLE WORKING
*The right is to request flexible working
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*Changes can be requested to hours of work, location etc and applications must specify: the
change requested; the date it is proposed to become effective; what effect, if any, the employee
thinks that making the change would have on the employer and how it might be dealt with, and
how the employee meets the conditions as to the relationship with the child
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*Quite often employers do refuse flexible working requests
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Nothing in
flexible working request regarding part-time workers social issue
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