Employment Practice

Female employees are entitled to a range of rights before and after giving birth. Close attention to the rules is needed since breach could generate a claim for sex discrimination. Leave and Pay: Evidence A woman must produce form MATB1 to her employer. This form is available from the 20th week before her EWC (Expected Week of Childbirth). A woman wishing to exercise her entitlements must notify her employer in or by the 15th week before her EWC, giving the employer a copy of the MATB1 if the employer requires this. She must also state to her employer when she wishes her maternity leave (and her Maternity Pay - if she is eligible) to commence. She must give 28 days notice of the leave/pay start date. Within a further 28 days her employer must confirm to her, in writing, her rights to: i. pay; ii. preservation of contract; and iii. return (see below). If the baby is born before the expiry of the woman's 28 day notice period the leave (and pay if applicable) commences at the date of ...

Adoption Employees who adopt are entitled to adoption leave and adoption pay. However, the legislation does not grant these rights to employees who adopt having previously been the child's foster parents or to step-parents who adopt their partners child(ren). Commentary An adoption takes effect (and the rights are generated by) a registered Adoption Agency confirming an adoption date on a 'Matching Certificate' (MC) and the name of the 'main parent'. The week that adoption takes place is called the 'Matching Week' (MW) and adoptive parents are termed either 'main' parent or 'other' parent. Adoption rights are available to single sex couples. Entitlement Ordinary adoption leave (OAL) is the first 26 weeks leave. Additional adoption leave (AAL) is a second period of 26 weeks leave. Married couples, male and female couples, and single sex partners can adopt and become eligible for benefit but to qualify they need to have worked for their employe...

Absence Background The basis of the employment contract is that in return for a set number of hours contributed by the employee, the employer pays an agreed wage or salary. Many employers provide paid contractual leave when an employee is sick - as well as being required to pay Statutory Sick Pay. Inevitably, some employees take advantage and over claim. A system of recording and monitoring absence can help ensure legitimate absence is paid for - and malingering is controlled. Commentary Absence is either 'Authorised' or 'Unauthorised' - and both headings cover several categories, all of which need to be identified and procedures devised for dealing with them fairly. 1. Holidays a. Statutory. Employers must provide four weeks paid HOLIDAY (including paid bank holidays) within their holiday year for all employees. b. Contractual. Any holiday entitlement in addition to the statutory right should be specified in the CONTRACT with provisions covering the calculati...