Work/Life Balance (L14)

Question 1

What rights are available for ante natal care?

Answer 1

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).

Question 2

Who is ante natal care available to?

Answer 2

Workers and employees.

Question 3

Which legislation outlines eligibility for maternity leave?

Answer 3

Ss71-75 ERA and MPL Regulations.

Question 4

How long is the entitlement to maternity leave?

Answer 4

52 weeks in total.

26 weeks ordinary maternity leave and 26 weeks additional maternity leave.

Irrespective of length of service or hours of work.

Question 5

When can maternity leave commence?

Answer 5

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.

Question 6

How much notice needs to be given of maternity leave?

Answer 6

By end of 15th week before EWC or as soon as reasonably practicable.

Question 7

What rights are available during maternity leave?

Answer 7

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.

Question 8

What pay is a woman entitled to on maternity leave?

Answer 8

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.

Question 9

Which legislation sets out entitlement to adoption leave?

Answer 9

ERA, ss75A and B.

PAL Regulations.

Question 10

Which legislation sets out entitlement to parental leave?

Answer 10

ERA, ss76 – 80.

MPL Regulations.

Question 11

Which legislation sets out entitlement to paternity leave?

Answer 11

ERA, s80A-E.

PAL Regulations.

Question 12

Which legislation sets out entitlement to shared parental leave?

Answer 12

ERA ss75E – 75K.

Question 13

Which legislation sets out entitlement to time off for dependants or family emergencies?

Answer 13

ERA, s57A.

Question 14

Which legislation sets out entitlement to carers’ leave?

Answer 14

ERA, s80J.

Question 15

What is needed to qualify for paternity leave?

Answer 15

ERA, s80A-80E and PAL Regulations.

26 weeks’ continuous employment.

Father or mother’s husband / partner.
Have or expect to have parental responsibility.

Question 16

What entitlements are available with paternity leave?

Answer 16

2 weeks within first 56 days of birth.

Paid at flat rate (equivalent to SMP) or 90% of earnings if lower.

Question 17

What is the potential issue with paternity leave?

Answer 17

Is it endorsing stereotypes?

Allowing the father/father figure very limited time off compared to the mother.

Question 18

What is shared parental leave?

Answer 18

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.

Question 19

What are the requirements to be eligible for shared parental leave?

Answer 19

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.

Question 20

What are the potential advantages of shared parental leave?

Answer 20

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.

Question 21

What are the requirements to be eligible for parental leave?

Answer 21

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.

Question 22

What are the entitlements with parental leave?

Answer 22

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.

Question 23

What are the requirements to take time off for dependents?

Answer 23

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.

Question 24

Who is classed as a dependent for the purposes of ERA s57A?

Answer 24

“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”.

Question 25

When are detriment, dismissal and suspension automatically unfair?

Answer 25

Protection from detriment (ERA s47C) and automatically unfair dismissal (ERA, s99) if detriment/dismissal because of:

Pregnancy, childbirth or maternity.
Time off for ante-natel appointments.
Maternity leave.
Adoption leave.
Shared parental leave.
Paternity leave.
Parental leave (including parental bereavement leave).
Time off for dependents.
Suspension on maternity grounds.

(ERA, ss66 – 70).

Question 26

What is required in order for an employee to request flexible working?

Answer 26

Employee must have done 26 weeks’ service.

Question 27

What is the right to request flexible working?

Answer 27

Can request a contractual variation to hours, place or time of work.

Right of employee to request and
Duty on employer to deal with the application in a reasonable manner.
See ACAS Code of Practice.

Only one request in each 12-month period.

S80F-80I ERA.

Question 28

An employer can refuse a request for flexible working due to valid business concerns. What are these?

Answer 28

Burden of additional costs.
Detrimental effect on ability to meet customer demand.
Inability to re-organise work among existing staff.
Inability to recruit additional staff.
Detrimental impact on quality.
Detrimental impact on performance.
Insufficiency of work during the period the employee proposes to work.
Planned structural changes.

Question 29

How can complaints be made to an employment tribunal in respect of flexible working requests?

Answer 29

Failure to consider request in a reasonable manner.

Failure to notify within three months.

Refusal for reason not prescribed.

Decision based on incorrect facts.

Also detriment (s47E, ERA) / unfair dismissal (s104C, ERA).