Introduction

Family-friendly policies include a variety of statutes introduced to allow flexibility for working parents. Regardless of political motivation they are designed to assist Employees with young families. Under the provisions changes have been made to Maternity Rights. Legislation has been introduced to include Paternity Rights and Flexible Working Pattern requests.The following questions, together with answers, were asked on show 2.

1. Maternity Leave

An Employee states she cannot perform her duties because she is pregnant. What can the Employer do? When an Employee informs you she is pregnant a risk assessment should be undertaken to determine what duties she can perform without risk to her or the unborn child. If part of the duties cannot be performed (they may involve heavy lifting, bending, etc) an Employer should consider moving her to less strenuous roles that she could perform. If she is unable to perform any of her duties and there is no alternative role to offer her, she could be placed on medical suspension until she commences maternity leave. This involves suspending the Employee on full pay.

An Employee is 6 months pregnant and continually takes time off for minor complaints ? cold, coughs. Can the Employer make her take maternity leave? Unless an Employee is within 4 weeks of commencing Maternity Leave she cannot be forced to start her leave earlier than planned. If she continues to take excessive time off for unrelated pregnancy reasons she could still be subject to disciplinary action.

A pregnant Employee works part-time but always arranges ante-natal classes during work time. Can the employer refuse her the time off? An Employee is entitled to reasonable time off with pay to attend ante-natal classes, hospital appointments, etc. However, if the Employee works part-time and she is able to attend such appointments in her own time she should be asked that future appointments be made in her own time and not when she is required to be in work.

An Employee suffers a miscarriage but tells her Employer she is still entitled to maternity leave and pay. Is this correct? Depending upon when the miscarriage occurs the Employee may still be entitled to Maternity Leave and pay as she would be if she had had a live birth.

2. Parental Leave

Q. Is the Employee allowed to take Parental Leave whenever she chooses?

A. An Employee who has completed 12 months service is entitled to take up to 13 weeks parental leave up to the child?s 5th birthday. The leave must be taken in blocks of one week, even if only one day is taken, with no more than 4 weeks taken in each year. The normal Company rules for applying for leave will still apply. The rules apply to each child born or adopted by the Employee.

3. Paternity Leave

Q. Does an Employer have to give Paternity Leave for when the baby is due?

A. An Employee who will have responsibility for the upbringing of the child and who has completed 26 weeks service prior to the 15th week before the expected date of birth is entitled to 2 weeks leave during the first 8 weeks following the birth. The normal Company rules for granting leave will apply.

4. Flexible Working Pattern

Q. An Employee works as a full-time Customer Services Manager and has requested she reduce her hours to 3 days per week. Can the Employer refuse her request?

A. The law states an Employee has the right to request a change to her working pattern if she has a child under the age of 6 and has worked for that Employer for 26 weeks or more. Depending on several factors an Employer can reasonably refuse her request. Following receipt of a request the Employer must invite the Employee to a meeting to discuss the reason for the request.

5. Adoption Leave

Q. An Employee has just told her Line-Manager that she has been go-ahead to adopt. Child will be placed with her in 3 weeks time. Does an Employer have to give her leave? If so, will it be with pay?

A. The rules for adoption leave are similar to those for Maternity Leave. An Employee should give sufficient notice to the Employer that they require leave for a specific reason that falls outside annual leave. In this instance the Employee may not have given sufficient notice to the Employer to apply for leave. However, a common sense approach should be taken in considering her request for leave. If the Employer refuses her request the reasons for refusal should be provided to the Employee.