Employee Friendly Policies, including Maternity Provisions, and Flexible Working Practices

Jersey Law does not deal with employee friendly policies or flexible working practices although the Employment and Social Services Committee is keen to promote such practices that also increase the competitiveness of companies.

JACS already deals with a number of requests from employees and employers in regard to flexible working and associated topics. Some employers have already introduced employee friendly policies, possibly in anticipation of future legislation, but also because they believe that it is proper to do so. In the interests of promoting good practice, general guidance is given below.

Reference to the UK is made in the information given below, on occasions, simply to explain how various issues are dealt with elsewhere or to provide examples of good practice.

• Dependents - time off for
• Flexible working practices
• Maternity - antenatal care
• Maternity - dismissal or detriment
• Maternity - health and safety

Unexpected absence (volcanic ash cloud)

Volcanic ash travel delays and absenteeism

The eruption of a volcano in Iceland is having far-reaching implications. Many Jersey workplaces have faced the start of the working week with employees missing as they are unable to make planned journeys back to the island from overseas.

Some employees will be unable to return from holidays as expected. Where employees are unable to get in decisions will have to be taken as to how to treat the lost working time.

Options include:

·         granting special (paid) leave;

·         allowing employees to take annual leave;

·         allowing lost hours to be made up as time owed at a future date;

·         treating the lost time as unpaid leave.

There is no right or wrong answer to these questions, but employers must take care to be consistent in the way that they make the necessary decisions – guided by existing policies where relevant. It’s important that employees make contact with their employers if they are unable to get in, and not just treat the disruption caused by the volcano as permission to take an additional unannounced holiday.

Some employers will also find employees are unable to make the journey back from a business trip oversees. A consistent approach on how to deal with this situation will also be needed. Some staff may be able to work remotely using the business’ existing technology such as mobiles, laptops or palm top computers. They might be able to work from an alternative office if they are part of an international business. However, for others this will not be possible. In any case employers will have a continuing duty of care towards employees stranded abroad having been on business, which will generally require them to make every effort to help them make an early return to their base. 

This is an extremely unusual situation and it will be important for managers to be understanding and sympathetic in the way they deal with employees who may be struggling with travel, accommodation and domestic arrangements in these unforeseen circumstances.

This situation highlights why all employers should have in place contingency plans to deal with unforeseen circumstances or emergencies which may, for a variety of reasons, mean they have to operate with much reduced staffing levels. In the last twelve months businesses have had to manage the impact of the swine flu epidemic and the difficult winter weather, both of which have illustrated the importance of being prepared