Returning to work – your rightsJuliette FranklinRussell Jones & Walker Solicitors (Cardiff Office)
Returning to Work – Your RightsJuliette FranklinRussell Jones & Walker, Cardiff office16 May 2010
Returning to Work – General PrinciplesOrdinary maternity leave (“OML”) – 26 weeksAdditional maternity leave (“AML”) – 26 weeks12 months’ entitlement unless you tell your employer otherwise28 days’ notice if you intend to return to work before the end of OML8 weeks’ notice if you intend to return to work early after AML
Returning to Work – General PrinciplesOML – return to same jobAML – return to work to the same job unless that is not reasonably practicableIf not, suitable job on terms and conditions which are no less favourableRisk assessment on returnHealth and safety issues concerning you and your babyWhat if you do not want to return?Contractual notice
Accrued holiday pay
Repayment of SMP
Repayment of contractual maternity pay?Keeping in Touch Days“KIT” daysUp to 10 days without maternity leave coming to an end or loss of maternity payWhy?Maintaining contactWhen?Not in the two weeks immediately following birthReasonable contact
BreastfeedingWritten notice to employerSpecific individual risk assessmentRest facilitiesPrivate, clean and safe place with fridge facilities
Flexible WorkingRight to request flexible working and not the right to work flexiblyWhat is flexible working?Who has the right?How to make the request
Flexible WorkingGranting of the requestRefusal of the requestFailure to follow proceduresIndirect sex discrimination
Paternity LeaveTwo weeks paid leaveEmployee with a contract of employmentBiological father or the mother’s husband or partner (including a partner in a same sex relationship)Rate of payLength of qualifying serviceNotice
Paternity LeaveWork and Families Act 2006Additional Paternity LeaveExpected to be introduced on 3rd April 2011Up to 26 weeks’ additional paternity leaveStatutory paternity paySelf-certificationHow many will take up the right?
Returning to Work – Your RightsThank you very much for listeningAny questions?

Returning to work - your rights

  • 2.
    Returning to work– your rightsJuliette FranklinRussell Jones & Walker Solicitors (Cardiff Office)
  • 3.
    Returning to Work– Your RightsJuliette FranklinRussell Jones & Walker, Cardiff office16 May 2010
  • 4.
    Returning to Work– General PrinciplesOrdinary maternity leave (“OML”) – 26 weeksAdditional maternity leave (“AML”) – 26 weeks12 months’ entitlement unless you tell your employer otherwise28 days’ notice if you intend to return to work before the end of OML8 weeks’ notice if you intend to return to work early after AML
  • 5.
    Returning to Work– General PrinciplesOML – return to same jobAML – return to work to the same job unless that is not reasonably practicableIf not, suitable job on terms and conditions which are no less favourableRisk assessment on returnHealth and safety issues concerning you and your babyWhat if you do not want to return?Contractual notice
  • 6.
  • 7.
  • 8.
    Repayment of contractualmaternity pay?Keeping in Touch Days“KIT” daysUp to 10 days without maternity leave coming to an end or loss of maternity payWhy?Maintaining contactWhen?Not in the two weeks immediately following birthReasonable contact
  • 9.
    BreastfeedingWritten notice toemployerSpecific individual risk assessmentRest facilitiesPrivate, clean and safe place with fridge facilities
  • 10.
    Flexible WorkingRight torequest flexible working and not the right to work flexiblyWhat is flexible working?Who has the right?How to make the request
  • 11.
    Flexible WorkingGranting ofthe requestRefusal of the requestFailure to follow proceduresIndirect sex discrimination
  • 12.
    Paternity LeaveTwo weekspaid leaveEmployee with a contract of employmentBiological father or the mother’s husband or partner (including a partner in a same sex relationship)Rate of payLength of qualifying serviceNotice
  • 13.
    Paternity LeaveWork andFamilies Act 2006Additional Paternity LeaveExpected to be introduced on 3rd April 2011Up to 26 weeks’ additional paternity leaveStatutory paternity paySelf-certificationHow many will take up the right?
  • 14.
    Returning to Work– Your RightsThank you very much for listeningAny questions?