Parental Rights

The States have agreed changes to the legislation in respect of maternity and other parental rights.  Whilst there is not a date of enactment for these changes (as a change to Social Security legislation needs to also be agreed) it is envisaged that these changes may be effective from June/July 2020:

 

(Date for implementation yet to be advised – suggested timeframe of June/July 2020

Ante Natal Appointments: Unlimited appointments with up to 10 hours paid for attendance by the father/surrogate parents/partner, the rest are unpaid. NB: For the mother all appointments for ante natal attendance are paid.

 

Adoption Appointments: Unlimited appointments with up to 10 hours paid for attendance, the rest are unpaid.

 

Parental Leave: 52 weeks for all parents (including adoptive and intended surrogate parents) regardless of how long they have been employed, of which 6 weeks are paid in full by the employer. The 52 weeks can be taken in 3 blocks of time over a 2 year period.

 

Paid Suspension on H&S Grounds: Following a risk assessment if an Employer is unable to allocate a pregnant/breastfeeding employee other duties she will have the right to paid absence.

 

Breastfeeding/Expressing Breaks and facilities: Employees can request temporary changes to their working conditions for the purpose of breast-feeding/expressing breaks. Employers will also need to take ‘reasonable-steps’ to provide appropriate facilities in the workplace.

 

 

Existing rights that will continue to apply

 

Right to Return to Work: All employees have the right to return to the same job after any period of parental leave.

 

Complaints: Protection against detriment and dismissal for reasons relating to these rights

 

Discrimination: Protection against discrimination on grounds of sex, pregnancy/maternity

 

Flexible Working: All employees are entitled to make one request for flexible working in a 12 month period, regardless of length of service or the purpose/reason for the request.

The States have agreed to review these changes after 24 months.

 

 

 

JACS 24 October 2019

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