Employment Rights for Parents

Transcription

1 SJ Version 1 19-Feb-16

2 Contents Using This Guide 2 Understanding Your Rights as a Mother-to-be 2 Your rights 2 Who is eligible for these rights? 2 During the Pregnancy 3 Maternity Leave 4 How much leave can I take? 4 How and when should I inform my employer? 4 What happens after I ve notified my employer? 4 Can my employer tell me when to take maternity leave? 4 What should I do if I m having problems arranging maternity leave? 5 Maternity Pay 5 Am I entitled to maternity pay? 5 How much pay am I entitled to? 5 Whilst you re on Leave 6 What happens to my job whilst I m on maternity leave? 6 How do I maintain contact? 6 What happens if there are redundancies whilst I m on leave? 6 What happens to my benefits when I m on maternity leave? 6 Returning to Work 7 What happens if I want to return to work earlier than planned? 7 What if I want to reduce my hours or work from home? 7 Adopting a Child 7 Am I eligible? 7 When and how should I inform my employer? 8 How much leave can I take? 8 What happens after I ve notified my employer? 8 Paternity Leave and Pay 8 Who is eligible? 8 How much leave can I take? 9 When and how should I inform my employer? 9 What happens after I ve notified my employer? 9 What happens for multiple births? 9 Will I be paid for the leave? 9 What should I do if I m having problems with arranging maternity leave? 10 Other Types of Leave for Parents 10 Unpaid Parental Leave 10 Emergency Leave 11 Shared Parental Leave 11 1

3 Using this guide Having a baby is an exciting time. But many find it quite a challenge to understand what happens to their employment during this time, and what their entitlements are in regards to time off and pay. The purpose of this guide is to provide parents-to-be with information about their employment rights, what to do and how to go to find the latest advice and information. Understanding your rights as a Mother-to-be Before we delve into the detail of the process of planning for maternity leave and maternity pay, it is important for mothers-to-be to be aware of their overall rights with regards to their employment. This section explains what those rights are, and who this applies to. Your rights Once you fall pregnant, and have informed your employer of this, you immediately acquire the following rights; Not to be dismissed from your job simply because you re pregnant Being given alternative work if your existing role is not suitable for a pregnant woman or else being suspended on full pay Time off for ante-natal appointments Maternity leave (see page 4) Maternity pay (see page 5) Being able to return to the same job with the same terms and conditions as before or if that s not appropriate, being offered appropriate alternative role on similar terms (see page 6) In addition to the specific rights listed above for pregnant women, your usual employment rights are protected while on Statutory Maternity Leave. This includes your right to: Pay rises Build up (accrue) holiday 2

4 Who is eligible for these rights? You hold these rights if you are an employee, regardless of how long you ve been with your employer, how many hours you work or how much you get paid. The law makes a distinction between an employee and a worker. You may be classed as a worker, rather than an employee, if you have a fixed term contract rather than a permanent position. If this is the case, your rights are reduced. It is also important to note that you become entitled to these rights only once you ve informed your employer that you are pregnant. The section on Maternity Leave gives more information about how much notice you should give to be eligible for Statutory Maternity Leave. If you want to discuss your rights, or aren t sure if you are eligible, call Castle Associates for free advice on to speak to one of the team. During the Pregnancy Legally, employers must give pregnant employees time off for antenatal care and pay their normal rate for this time off. You are entitled to time off to attend ante-natal appointments, whether this is for medical appointments to attend antenatal classes. Your employer may ask to see appointments cards in order to ensure you are paid for this time. The father or pregnant woman s partner has the right to unpaid time off work to go to two antenatal appointments. Some employers will allow more, but this is not a legal requirement, and its best to check your employer s own policies. Once you ve told your employer that you are pregnant, they should make a risk assessment of your job to see how it is affected by your pregnancy. They may need you with them to do this. Your employer is expected to make reasonable adjustments in order to protect your health and safety during your pregnancy, and if the job you do is entirely unsuitable during pregnancy, they must suspend you on full pay. During the pregnancy, you maintain all of your usual employment rights which means that you are entitled to be treated consistently with other employees. This means you should receive pay rises, accrue holiday, and be able to apply for internal promotions along with many other things. If you think you are being treated differently, Castle Associates can offer you advise and support simply call the team on

5 Maternity Leave How much leave can I take? By law, you must take two weeks off work after giving birth (this applies to employees and workers) and four weeks if you work in a factory. If you are an employee, you are entitled to 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave, totalling a year. The combination of the two is referred to as Statutory Maternity Leave. You can start your maternity leave before giving birth. In fact, you are entitled to start your statutory maternity leave any time from 11 weeks before the beginning of the week of your due date. You don t have to take the full leave. You should decide what is best for you. You may want to read the section of Maternity Pay (see page 5) to help you make the decision. When and how should I inform my employer? You should inform your employer 15 weeks before the beginning of the week that your baby is due in order to be eligible for Statutory Maternity Leave. You should provide your employer with a copy of your maternity certificate (also called the MAT B1) which is given to your by your medical practitioner. At this point, you should inform your employer; That you are pregnant The date that your baby is due When you would like to start your maternity leave. (you can change this date later provided you give 28 days notice) What happens after I ve notified my employer? Your employer should write to you within 28 days to confirm the dates of your Statutory Maternity Leave. Can my employer tell me when to take maternity leave? Until normal circumstances, the decision is yours provided that you have met all the eligibility criteria and provided sufficient notice. 4

6 However, mothers-to-be should be aware that an employer can insist on their employee starting their maternity leave if they are off work due to pregnancy-related sickness within four weeks of their due date. What should I do if I m having problems with arranging maternity leave? If you are experiencing problems with arranging your maternity leave then you should speak to a manager or HR department about your concerns first. If this doesn t work, you could raise a grievance using your employer s grievance procedure. If you need support with solving problems with your employer, Castle Associates can offer you advise and support simply call the team on Maternity Pay Am I entitled to maternity pay? You are entitled to maternity pay if; You are an employee AND You have been working for the same employer continuously for 26 weeks by the time you are 15 weeks away from beginning of the week of your due date AND As at the time you are 15 weeks away from the beginning of the week of your due date, you are earning at least the lower earnings limit, i.e. the national insurance contributions limit) How much statutory maternity pay will I receive? Statutory Maternity Pay (SMP) is paid for up to 39 weeks. You get: 90% of your average weekly earnings (before tax) for the first 6 weeks or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks The remaining time is unpaid (These amounts are subject to change, and you can check the latest figures on Statutory Maternity Pay is paid in the same way as your wages, with Tax and National Insurance deducted. 5

7 These amounts reflect the statutory pay requirement. Note that some employers top up maternity pay. You should check your contract of employment and your employer s policies to see if this is the case for you. Whilst you re On Leave What happens to my job whilst I m on maternity leave? Your employer must keep a job open for you, whether it s the same job or one with similar terms and conditions. Some employers will advertise for maternity cover, and some might ask other employees to fill in for you. How do I maintain contact? If you want to keep up to date with what s happening at your place of work, you can chose to use Keep in Touch (KIT) days. You can work up to ten of these days without having your Statutory Maternity Pay affected. They are helpful if you want you keep in touch with colleagues, stay informed of changes and maintain your knowledge. However they are not compulsory and the employer should not expect you to opt for these. What happens if there are redundancies whilst I m on leave? Being on maternity leave means that are more protected than usual. Your employer can only make you redundant if they have a very good reason, such as they are closing the whole department down. If this is the case, they should try and find a suitable alternate role for you, and you should be prioritised for other roles even if there are more suitable colleagues also being made redundant. If you are moved to a new role on returning from maternity leave, you are entitled to a four week trial period. Your employer can certainly not make you redundant because you are on, or are scheduled to take, maternity leave. If your employer makes redundancies whilst you are pregnant or on maternity leave, Castle Associates can offer you advise and support simply call the team on What happens to my benefits when I m on maternity leave? During your maternity leave, you are entitled to all of your usual benefits including accruing annual leave, pensions, company cars, redundancy pay and mobile phones. 6

8 Returning to Work What happens if I want to return to work earlier than planned? You must give your employer written notice of 8 weeks if you decide to go back to work earlier than originally planned. What if I want to reduce my hours or work from home? As parent with a child of 17 or younger, you are entitled to apply for a flexible working arrangement. This arrangement includes changes to your working pattern including different working times, reduced hours or working from home. Any parent is entitled to apply, and the employer must give the request reasonable consideration. Flexible workers have the same employment rights, and therefore requesting this should not compromise your rights or benefits. Adopting a Child If you are adopting a child, you have exactly the same maternity rights, including Statutory Maternity Leave (see page x) and Statutory Maternity Pay (see page 5). However there are some differences in the way you receive your pay. Am I eligible? You are eligible if; You are an employee AND You have been working for the same employer continuously for 26 weeks You are NOT eligible if; You are arranging private adoption You are adopting a family member (e.g. stepchild) Have a child through surrogacy Become a guardian or kinship carer. 7

9 When and how should I inform my employer? You ll need to provide some proof to your employer that you are adopting a child, and they do have a legal right to ask for these documents in order to provide you with your statutory benefits. You should tell your employer within one week of being matched with a child. How much leave can I take? The amount of time you can take is exactly the same as Statutory Maternity Leave (see page 4). The leave can commence up to a fortnight before the child begins living with you. Or, if you are adopting a child from overseas, it can begin from when the child is in the UK or at any time within 28 days of them arriving. At this point, you should inform your employer; That you are adopting a child The date that the child will live with you When you would like to start your adoption leave. What happens after I ve notified my employer? Your employer should write to you within 28 days to confirm the dates of your Adoption Leave. Paternity Leave and Pay Just like mothers-to-be, fathers-to-be also have some entitlements to time off work to help care for a new baby. This is known as Paternity Leave. Who is eligible? You are entitled to paternity leave if you are the biological father of the child, the mother s husband or partner, or the child s adopter or partner of the adopter. 8

10 You are entitled to Paternity Leave if; You are an employee AND You have been working for the same employer continuously for 26 weeks by the time you are 15 weeks away from beginning of the week of the due date How much leave can I take? By law, you can take up to two weeks off work. You can take the leave from the day that the baby is born, or at a later stage. You can also take up to 26 weeks paid Additional Paternity Leave, if your child was due or placed for adoption before 5 April You are entitled to this if your partner decides to return to work and does not take additional maternity leave. When and how should I inform my employer? You should inform your employer 15 weeks before the beginning of the week that your baby is due in order to be eligible for Paternity Leave. You should tell them; The date that your baby is due When you would like to start your paternity leave and for how long. (you can change this date later provided you give 28 days notice) What happens after I ve notified my employer? Your employer should write to you within 28 days to confirm the dates of your Statutory Paternity Leave. What happens for multiple births? If you re having twins (or more!) you are still only entitled to two weeks off work Will I be paid for the leave? The statutory weekly rate of Paternity Pay and Additional Paternity Pay is , or 90% of your average weekly earnings (whichever is lower). 9

11 Any money you get is paid in the same way as your wages, e.g. monthly or weekly. Tax and National Insurance will be deducted. What should I do if I m having problems with arranging maternity leave? If you are experiencing problems with arranging your maternity leave then you should speak to a manager or HR department about your concerns first. If this doesn t work, you could raise a grievance using your employer s grievance procedure. If you need support with solving problems with your employer, Castle Associates can offer you advise and support simply call the team on Other Types of Leave for Parents Unpaid Parental Leave The purpose of parental leave is to give parents time to care for young children or a child with a disability or to make arrangements for their welfare. Anyone with a child under the age of 5 (or 18 if the child is disabled) has the right to up to 13 weeks parental leave for each child born or adopted provided that they; Are an employee Have at least one year s continual service This type of leave is unpaid. In order to be eligible, you must; Be named on the child s birth certificate Be named on the child s adoption certificate Hold legal parental responsibility The leave can start immediately that the child is born, and can either be taken in shorter periods or as one although it is best to discuss this with your employer. As with Statutory Maternity Leave and Paternity Leave, the employee retains all their rights whilst they are on leave, and are entitled to return to the same job or a suitably similar role on their return. 10

12 Emergency Leave Whilst parental leave is pre-planned time off work, there may be a need to take time off work to deal with an emergency regarding a child. All employees have the right to take a reasonable time off work to deal with emergencies, but employers will expect that the time frame is reasonable (to resolve the issue) and that you ve acted responsibly to avoid it. Most employers will cover this type of leave in their employee handbook, but if not, you should discuss it with you manager. Shared Parental Leave Shared Parental Leave is designed to give parents more flexibility in how to share the care of their child in the first year following birth or adoption. Parents will be able to share a pot of leave, and can decide to be off work at the same time and/or take it in turns to have periods of leave to look after the child. If one or both parents are eligible for Statutory Maternity Leave or Paternity Leave then this is an option. Statutory Shared Parental Pay is paid at or 90% of your average weekly earnings (whichever is lower). Shared Parental Leave can be used if the mother or adopter doesn t use up their full entitlement to maternity/adoption leave and pay. Statutory Shared Parental Pay can be claimed for any remaining weeks. This remaining leave can be shared or transferred between both parents even if they work for different employers. If you would like to discuss how this might work for you, call the Castle Associates team on Castle Associates can help you. For free advice just call to speak to one of the team. 11