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Maternity, Paternity & Flexible Working (Paternity and adoption leave,…
Maternity, Paternity & Flexible Working
- Protection against dismissal because of pregnancy
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s18, Equality Act 2010 - prohibits discrimination against women who are pregnant or have recently given birth
- Paternity and adoption leave
Employees will need to take their paternity leave within 56 days of the actual date of birth of the child.
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Employees should tell their employer as soon as possible that they wish to take paternity leave, but no later than the end of the 15th week before the expected week of childbirth.
Paternity leave is available to employees who:
have or expect to have responsibility for the child's upbringing
are the biological father of the child or the mother's husband or partner (including same sex relationships)
have worked continuously for their employer for 26 weeks
Employees must have completed one year's continuous service with an employer to qualify.
18 weeks of unpaid leave can be taken up for children under 18 years.
Employees will need to request leave giving at least 21 days notice before the intended start date.
The employer can postpone the leave for up to 6 months of the needs of the business make it necessary
The employee remains employed and has the right to return to the same job
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All employees have the right to time off during working hours for dependants, this time off is intended to deal with unforeseen matters and emergencies.
Time off for dependants is unpaid unless an employer is willing to give paid time off under the terms and conditions of employment.
A dependant could be a spouse, partner, child, parent, or someone who depends on an employee for care, for example an elderly neighbour.
The employee must tell the employer as soon as possible the reason for the absence and how long they expect to be absent.
Employees must have worked for the same employer for at least 26 weeks to be eligible.
All employees have the legal right to request flexible working - not just parents and carers.
Employees can only make one request in any 12 month period.
Requests should be in writing stating the date of the request and whether any previous application has been made and the date of that application.
Once a request has been received, the employer should arrange a meeting to discuss the request. It would be good practice to allow the employee to be accompanied at a meeting by a work colleague
14 days to notify
Employer can only refuse them if there is a business reasons for doing so, this reason must be from the following list:
the burden of additional costs
an inability to reorganise work amongst existing staff
an inability to recruit additional staff
a detrimental impact on quality
a detrimental impact on performance
detrimental effect on ability to meet customer demand
insufficient work for the periods the employee proposes to work
a planned structural changes to the business.