Contents tagged with Maternity Leave
A full-time employee on maternity leave has requested to return part-time. How do you handle the situation and what are the risks if you refuse?
Remember that all eligible employees can make a flexible working request. The right is not limited only to parents and carers. However, requests from employees on maternity leave will need to be treated carefully because of the risk of a sex discrimination claim.
The statutory scheme is set out in the Flexible Working Regulations 2014 and the Employment Rights Act. It is supported by an ACAS Code and by an ACAS Guide.
Check that the employee’s request contains all the information necessary to amount to a formal request and that the employee has worked for you continuously for 26 weeks at the date on which they … more
Every year, over 95,000 babies (or 1 in 8 babies born) are cared for in neonatal units in the UK due to premature birth or sickness. While some pregnancies inherently pose a higher risk for premature birth, such as twins and multiples, there is no guarantee a mother will be able to carry to-term.
Depending on how premature or sick the babies may be at birth, parents might find that their babies have to stay weeks or months in hospital, and some of these babies may continue to be at risk even after being discharged. In some cases, the babies may be transferred to a different or specialist hospital if the treatment or care they require is not available in the area in which they are born.
Doctors and midwives must issue the pregnant … more
The Employment Appeal Tribunal (“EAT”) has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.
In the case of Capita Customer Management Ltd v Ali, the EAT overturned the Employment Tribunal’s (“ET”) decision which had found sex discrimination on the basis that the claimant, who was planning to take shared parental leave, was entitled to compare himself with a woman taking maternity leave as they accepted that the main purpose of both types of leave was to care for the child.
In this case, female employees were entitled to maternity pay comprising 14 weeks’ basic pay followed by 25 weeks’ statutory … more
With Samira on Maternity Leave from the end of today, we thought it was only fitting that our article this week covered this complex area of law. Family friendly rights, including leave and pay in relation to maternity are constantly evolving and growing as an area of employment law. In this article we aim to offer some clarity on this area and provide employers with some advice on the do’s and don’ts when dealing with staff taking maternity leave.
Ensure that you keep in touch with employees whilst they are away on maternity leave.
Line managers should agree with employees that are due to go off on maternity what “reasonable contact” would be appropriate before their leave starts. Once agreed, you can use this time … more
The new Shared Parental Leave (SPL) right is touted as the final piece in the Coalition's family friendly policy puzzle. This right which is due to come into force on 1 December will for the first time enable parents and adopters to share statutory leave and pay after the birth of their baby or after having adopted their child, providing they meet the eligibility criteria. The new system will be applicable to parents whose babies are due from 5 April 2015.
For health and safety reasons, mothers will still be required to take two weeks compulsory maternity leave, but the remaining 50 weeks of leave and 37 weeks of pay can be shared between parents. They will have the choice of taking leave at the same time and/or in turns to care for their child. Although the employer cannot refuse leave … more
Discrimination on the basis of pregnancy and maternity is unlawful under the Equality Act (“the Act”). Therefore no employee or worker (including those deemed to be self-employed) should … more
I have noticed that many employers find it difficult dealing with employees returning from AML. The reasons I am given range from (a) they think that the replacement performed better than the returnee employee (b) they are undergoing a redundancy consultation process or (c) it’s simply not reasonably practical for the returnee employee to remain in the same role as prior to their maternity leave.
Generally the rule is where an employee is able to return to the same role (with the same terms and conditions) as that prior to their maternity leave then they should be allowed to do so, even if the temporary replacement seems to be performing a lot better than the returning employee.
Most employers are aware that pregnancy and maternity discrimination does not require comparators. So … more
I think everyone gets confused about maternity and entitlements. So I thought a quick guide to help everyone understand their rights would be useful. Whether you are an employer or employee if after reading this guidance note you are still confused then please do make contact and I will try and place you on the correct path.Who is entitled to SMP?Employees qualify for SMP if they satisfy the:(1) The continuous employment rule:- This means an employee must be employed by the same employer continuously for at least 26 weeks into the 15th week before the week the baby is due (the qualifying week).
- Exceptions can be made if the baby is born premature.When can a break amount to being continuous employment? When an employee:- Is absent (for periods of 26 consecutive weeks or less) because … more