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Having a baby is an exciting and emotional time, so

4th December 2008
Page 26
Page 26, 4th December 2008 — Having a baby is an exciting and emotional time, so
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Which of the following most accurately describes the problem?

the last thing a parent needs to worry about is if taking time off to care for their child will leave their job in jeopardy.

The Government has made the balance between work and family life more achievable through recent changes in legislation. Employees whose expected week of childbirth or date of adoption fell on or after 5 October 2008 now benefit from amendments to the Maternity and Parental Leave and the Paternity and Adoption Leave (Amendment) Regulations 2008.

The main change affects women who decide to take Additional Maternity Leave (AML) or Additional Adoption Leave (ANL). They will now enjoy the same rights and their employers will face the same obligations as those received during Ordinary Maternity Leave (OML) and Ordinary Adoption Leave (OAL). This means that any benefits removed during AML or AAL could be the subject of a claim, and any reduction in seniority removed once the employee returns can be challenged in the same way that it could be challenged before when returning from OML. This could result in an employment tribunal hearing where the employee is represented by her union.

Paid maternity leave

Not before tune, many women might say. Research compiled by the Equality and Human Rights Commission showed women felt they were discriminated against for being pregnant, with many believing that they were dismissed from their jobs because of their pregnancy.

The Work and Families Act 2006 introduced a number of new rights for parents and carers from April 2007. These included an increase in paid maternity and adoption leave from six to nine months; the introduction of 'keeping in touch' days for employees on maternity leave, and the extension of the right to request flexible working by carers.

The Act has tabled further improvements due in April 2010, including the right for paid maternity leave to be extended to a year and for additional paternity leave to be paid if the mother returns to work early.

The Employment Rights Act 1996 gives employees the right to have paid time off for antenatal care as long as the appointment is made on the advice of a doctor, midwife or nurse. With the exception of the first appointment, the employee must, if asked, provide a copy of a certificate showing that she is pregnant and written proof of the appointment

Keeping in touch

Employees do not have to make up the hours taken off for antenatal care, which must be paid at normal rates If an employer unreasonably refuses time off or does not pay. the employee can complain to an employment tribunal within three months of the appointment.

Once an employee has given notice of her maternity leave, the employer must write within 28 days to tell her of her return date. She may decide not to take all her OML or choose not to take the AML. If she decides to return before the period ends, she must give at least eight weeks' notice. If she wants to. she can carry out up to 10 'keeping in touch days' or training for her employer without any effect on her SMP.

Employees have the right to return to the same job with the same terms and conditions, unless the employer can show it isn't reasonably practical because that job no longer exists — a suitable alternative must be offered.

If a child is stillborn or dies after birth, an employee is entitled to maternity or paternity leave of two weeks, as well as any entitlement to bereavement leave. Leave of this kind has to be taken within 56 days of the child's death. •


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