Work/Life Balance (L14) Flashcards
(29 cards)
What rights are available for ante natal care?
Right to reasonable time off (paid) (ERA, ss55-57).
Right to accompany for partners (unpaid) (ERA, ss57ZE and 57ZF).
Spouses, civil partners and those who live with them.
Similar rights for adoption (ERA, ss57ZJ – 57ZS).
Who is ante natal care available to?
Workers and employees.
Which legislation outlines eligibility for maternity leave?
Ss71-75 ERA and MPL Regulations.
How long is the entitlement to maternity leave?
52 weeks in total.
26 weeks ordinary maternity leave and 26 weeks additional maternity leave.
Irrespective of length of service or hours of work.
When can maternity leave commence?
Not earlier than 11th week before EWC.
Not later than date of childbirth.
Automatic commencement if absent “wholly or partly” because of pregnancy during the 4 weeks prior to EWC.
Will then start the day after this absence.
How much notice needs to be given of maternity leave?
By end of 15th week before EWC or as soon as reasonably practicable.
What rights are available during maternity leave?
Ss71-75 ERA, MPL Regulations.
Entitled to all contractual rights (except full pay).
Bound by contractual obligations.
Keeping in touch (KIT) days.
All rights, both statutory and contractual, e.g holidays accrue.
Right to return. To exactly same job after OML. Or (if not reasonably practicable) to a job which is suitable and appropriate if returning after AML.
What pay is a woman entitled to on maternity leave?
Statutory maternity pay (Social Security and Benefits Act 1992).
26 weeks’ continuity at ‘qualifying week’.
39 weeks entitlement.
First 6 weeks at 90%.
Remaining period at fixed rate (£172.48 per week current rate) or 90% of earnings, if lower.
Employer may offer enhanced contractual maternity pay.
Which legislation sets out entitlement to adoption leave?
ERA, ss75A and B.
PAL Regulations.
Which legislation sets out entitlement to parental leave?
ERA, ss76 – 80.
MPL Regulations.
Which legislation sets out entitlement to paternity leave?
ERA, s80A-E.
PAL Regulations.
Which legislation sets out entitlement to shared parental leave?
ERA ss75E – 75K.
Which legislation sets out entitlement to time off for dependants or family emergencies?
ERA, s57A.
Which legislation sets out entitlement to carers’ leave?
ERA, s80J.
What is needed to qualify for paternity leave?
ERA, s80A-80E and PAL Regulations.
26 weeks’ continuous employment.
Father or mother’s husband / partner.
Have or expect to have parental responsibility.
What entitlements are available with paternity leave?
2 weeks within first 56 days of birth.
Paid at flat rate (equivalent to SMP) or 90% of earnings if lower.
What is the potential issue with paternity leave?
Is it endorsing stereotypes?
Allowing the father/father figure very limited time off compared to the mother.
What is shared parental leave?
ERA ss75E-K and SPL Regulations.
Mothers can choose to “curtail” maternity leave (or adoption leave), i.e. end it early.
Untaken weeks can then be taken as “shared parental leave” instead.
Up to 50 weeks shared between mother and partner.
What are the requirements to be eligible for shared parental leave?
Parent taking leave must satisfy ‘employment test’ and other parent must satisfy the ‘employment and earnings test’.
Partner must’ve worked for 26 weeks in the 66 weeks prior to childbirth.
To qualify for SSPP:
Satisfy ‘continuity of employment test’.
Earn > LOL.
And partner meets ‘employment and earnings’ test.
What are the potential advantages of shared parental leave?
Offers flexibility.
Can be taken in 3 blocks.
Also helps to promote the idea that both mother and father are involved parent and caring for the child.
What are the requirements to be eligible for parental leave?
Ss76-80 ERA, MPL Regulations.
Workforce agreement with certain minimums or default scheme.
Employees with 1 year’s service.
Who have responsibility for a child under 18.
What are the entitlements with parental leave?
Entitled to 18 weeks unpaid parental leave.
Must give 21 days’ notice.
Taken in blocks of one week or more.
Up to four weeks each year.
Postponement (by up to 6 months) only where the operation of business would be unduly disrupted.
Complaint to ET for unreasonable postponement.
What are the requirements to take time off for dependents?
ERA, s57A.
Available only to employees.
No qualifying period.
Reasonable and necessary.
- Qua v John Ford Morrison Solicitors [2003] IRLR 184.
- Royal Bank of Scotland v Harrison [2009] ICR 116.
Communication.
Tell the employer as soon as reasonably practicable how long they intend to be absent and the reason for it.
- Truelove v Safeway Stores plc [2005] ICR 589.
Take into account the frequency of time off requests + business implications.
Who is classed as a dependent for the purposes of ERA s57A?
“Dependant”= “spouse, partner, child, parent or a person living in the same house other than a lodger, or any other person who reasonably relies upon the employee in an emergency”.
