Employment Rights

.: Parental Leave.....

.: What is it?

Unpaid leave from work of 13 weeks per parent per child to be taken before the child's fifth birthday. It is also available for adoptive parents, in which case you can take it either within five years of the placement for adoption or by the child's 18th birthday, whichever is earlier. In the case of a child on Disability Living Allowance (DLA). the leave must be taken before the child is 18.

.: Who gets it?

Parents of a child born or adopted on or after 15 December 1999. In order to get parental leave, you must have been employed for a year, you must have or expect to have responsibility for a child and you must take the leave in order to care for that child. To get parental leave, you must give your employer at least 21 days' notice of the dates that you want to take the leave.

Your employer can postpone the leave, but only if their business would be unduly disrupted. This leave can also be taken by fathers wanting to take time off at or around the birth of a baby. In order to get this leave he must give 21 days notice of the expected week of childbirth. His employer cannot postpone leave in these circumstances.

.: What will I get while I'm away?

During parental leave you will continue to be an employee, but the only contractual rights which will continue automatically will be:

• The notice period in your contract of employment will still apply (if either you or your employer wish to terminate your
  employment).
• You will be entitled to redundancy pay.
• Disciplinary and grievance procedures will apply; and
• If your contract has a section which states that you must not work for any other company, this will still apply.

These rules do not apply to your statutory rights (i.e. rights that apply by law to all employees in this country). For example, everyone has a legal right to 20 days' paid annual leave whether they are on parental leave or not. Also your employer must not discriminate against you by failing to consider you for opportunities such as promotion.

.: Do I have to give notice of my return?

No notice is necessary, you simply go to work on the day that you are due back. If you take parental leave of four weeks or less, you have the right to return to exactly the same job as you were doing before. The exception to this rule is that if you take parental leave of four weeks or less at the end of Additional Maternity Leave, and it is not feasible for you to return to the same job, you must be allowed to return to a similar job.

If you take parental leave of more than four weeks and it is not feasible for you to return to the same job, you must be allowed to return to a similar job. Anything else? The aim of the Government is that the other details of the parental leave scheme can be negotiated between employers and employees. A workplace can agree any arrangement it wants as long as it does not go below the legal minimum framework set out above.

.: What about time off for emergencies?

From 15 December 1999, every worker is entitled to unpaid leave to care for a dependant who falls ill, gives birth or is injured. The leave can also be used if there is a sudden problem with arrangements for care of the dependant (e.g. if your child minder falls ill).

.: Time Off for Antenatal Care.

You have the right to take reasonable rime off for your antenatal appointments, including time needed to travel to your clinic or GP, without loss of pay. You should let your employer know when you need time off. For appointments after the first one, your employer can ask to see your appointment card and a certificate stating that you are pregnant. Antenatal care includes parental craft and relaxation classes. You may need a letter to show your employer from your GP or midwife, saying that these classes are part of your antenatal care.

.: Health and Safety Rights.

If you are pregnant, have recently given birth or are breastfeeding, your employer must make sure that the kind of work you do and your working conditions will not put your health or your baby's health at risk. To get the full benefit of this legal protection you must notify your employer in writing that you are pregnant or have recently given birth or are breastfeeding.

Your employer must:-

• Carry out a risk assessment at your workplace and do all that is reasonable to remove or reduce the risks found.
• If there are still risks, your employer must alter your working conditions or hours of work to remove the risk.
• If this is not possible or would not avoid the risk, your employer must offer you a suitable alternative job.
• If this is not possible, your employer must suspend you on full pay for as long as is necessary to avoid the risks.

If you do night work and your doctor advises that you should stop for health and safety reasons, you have the right to transfer to day work or, if that's not possible, to be suspended on full pay you must provide a medical certificate.