Family Friendly Rights

By: Caroline ActonOn: 22nd September 2015 @ 13:00

FREEWEBINAR

Starting Soon

Housekeeping

“Please use the chat box for questions,

thoughts andDebate”

Applicant Tracking System (ATS)

Careers websites

RecruitmentSupport

Streamline your recruitment processes Improve recruitment communications Promote your employer brand Reduce the costs of recruitment Tighter control on recruitment decisions Manage the ROI of recruitment Attract better quality people, faster

RecruitmentAdvertising

Family Friendly Update22nd September 2015

Caroline Acton

DisclaimerThese materials and the information contained within them are designed solely for the use of participants on our courses. These materials shall not be copied or reproduced in any format whatsoever without the prior consent of Consilia Legal LLP.

The content of these materials and any commentary on the law contained within the materials is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by the author, the publisher or Consilia Legal LLP.

The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter.

Family Friendly Rights

• Ante natal appointments• Maternity Leave• Paternity Leave• Adoption Leave• Parental leave• Emergency leave for dependants• Flexible Working • Shared Parental Leave

Ante Natal Appointments

• 1st October 2014 – Workers can accompany a pregnant woman

• Qualifying Relationship• Two Occasions • 6.5 hours per occasion • Unpaid

Adoption Leave

• 5th April 2015 • Day one Right• SAP is coming in line with SMP• 5th April also paid time off for up to 5

Adoption Appointments for main adopter

• Secondary adopter unpaid time off for up to 2 appointments (as above)

Parental Leave

• Distinct and separate to SPL• Time off to look after children's welfare• Normally unpaid (check policies)• 18 weeks per child • Maximum of 4 weeks in each year

unless agreed to contrary• 5th April 2015 now extended from

maximum age 5 to 18

Emergency time off for dependants

• Normally short term• Emergencies• To enable employee to arrange longer

term solutions• Normally unpaid (check policies)

Flexible Working

• Extended to all employees – 30th June 2014

• 26 weeks continuous service• Less prescriptive process• Written request • Application to be dealt with reasonably• One request in any 12 month period

Maternity

• 52 Weeks leave• OML 26 weeks• AML 26 weeks• 2 Weeks compulsory• Pay – still need qualifying criteria ie

employed for at least 26 weeks up to the 15th week before the EWC (qualifying week)

Paternity

• One or two weeks paid leave • If child was due before 5th April 2015 –

up to 26 weeks paid additional paternity leave• Now replaced by SPL

SMP, SPP and SAP

• SMP – 6 weeks at 90%• £139.58/week• Check enhancements• Check recoupment provisions/ return to

work dependency etc

Shared Parental Leave (SPL)New Legal entitlement – 1 December 2014Applies to babies due (or children placed for adoption) on or after 5 April 2015

Opportunity to be flexible/share caring arrangementsLeave calculated using mother’s entitlement to maternity/adoption leave

Employees can:

stop/start SPL return to work during periods of leave

Shared Parental Leave (SPL)Continuous leave: A period of leave that is taken in one block e.g. four weeks

NB this cannot be refused by an employer

Discontinuous leave: A period of leave that is arranged around weeks where the employee will return to work e.g. employee will work every other week for a period of 3 months

NB employer’s agreement required

Must be taken in complete weeks

EligibilityTo qualify for SPL a mother must:

have a partner

Be entitled to either maternity/adoption leave or SMP or SAP or maternity allowance

Have given notice to reduce their maternity/adoption leave or their pay/allowance

Eligibility Cont.. A parent intending to take SPL must:

Be an employee

Share the primary responsibility for the child with the other parent at the time of the birth or adoption placement

Have notified employer of entitlement and provided correct information

Eligibility Cont..In addition:

A parent must satisfy the “continuity of employment test”• Worked for same employer for at least 26 weeks at end of

15th week before the due date• Still working for same employer at the start of each leave

period

A partner must meet the “employment and earnings test”• In the 66 weeks leading up to expected due

date/matching date, worked for at least 26 weeks and earned an average of at least £30 (as of 2015) a week in any 13 weeks

• Can be employed, self- employed or an agency worker

What happens if only one parent is eligible?

Shared Parental Pay (ShPP)To qualify:

An employee must meet the “continuity of employment test”

Their partner must meet the “employment and earnings test”

In addition the employee must:• have earned above the “Lower Earnings Limit” in the 8

weeks leading up to and including the 15th week before the due date

• Still be employed by the same employer at the start of the first period of ShPP.

The Process Cont.. Booking Leave

Booked at the same time as notification or later 8 weeks notice before intend to take leave Entitled to submit three separate notices to book leave

Employer’s response

Continuous or discontinuous leave? Discontinuous – 14 calendar days to discuss Outcome – accept, agree with modifications, refuse, fail to

respond

Questions ?

Telephone: 0113 3571317

Website: www.Consilialegal.co.uk

email: caroline@consilialegal.co.uk

Twitter: @consilialegal@consiliaemplaw

Instagram: Consilia_Legal

Thank You

Telephone: 0113 322 7240

Website: www.shorebird-rpo.com

Email:marketing@shorebird-rpo.com

Twitter: https://twitter.com/ShorebirdRPO

You can access the slides and recordings via these social channels too

CLICK HERE TO SUBSCRIBE TO OUR MONTHLY EMAIL ABOUT FORTHCOMING WEBINARS

Thank You!Lis.wilson@shorebird-rpo.comhttps://uk.linkedin.com/in/liswilson

Please leave your feedback

online at:

https://www.paycompliment.com/LGMXE2

http://shorebird-rpo.com/free-webinars

Reserve your place today