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Your rights and benefits 138 starts, when they will be reduced pro-rata to reflect your new working pattern. If your employer refuses, they must give you a reason (this must be one of those allowed under the regulations) and they must inform you of your right to appeal. You must appeal within 14 days of receiving their notice of refusal. Your employer then has 14 days from the date they receive your notice of appeal to hold the appeal meeting. Again they must notify you of their decision in writing, within 14 days of the appeal, giving reasons for their decision. What counts as a good reason for refusing? Many of the arguments employers use do not count as justification at an employment tribunal (industrial tribunal). For example: • there are no part-time vacancies (they should look at whether your own job could be done part-time or as a job-share); • the job is too senior (the law applies to all women, no matter how senior); • last-minute overtime is an essential part of the job (your employer should consider setting up a job-share, or an ‘on call’ rota); • it is too expensive (costs are not usually any higher for part-timers); or • continuity is crucial (there are usually practical ways around this, like keeping good records and ways of communicating). An employer probably would be justified in refusing flexible work if there were good business reasons and there was no alternative solution, e.g. if particular opening hours are necessary for business. If you think your employer has unreasonably refused your request, you should get advice about whether you can get compensation under the new right and/or under sex discrimination law. You must make a tribunal claim within three months of the refusal. PATERNITY LEAVE What is it? Following the birth of a child, eligible employees will be able to take one or two weeks’ leave to care for the child or support the mother. They must give their employer the correct notice. The leave must be taken within 56 days of the birth. Who gets it? Your baby’s biological father, your husband or your partner, including a same sex partner, will be able to take paternity leave providing they: ● expect to have responsibility for bringing up the child; and ● have worked for the same employer for at least 26 weeks by the 15th week before your baby is due. When can my partner start paternity leave? Your husband or partner can choose to start paternity leave either: ● ● ● from the date of your baby’s birth; from a chosen number of days or weeks after the date of the child’s birth (whether this is earlier or later than expected); or from a chosen date. Paternity leave must have been taken within 56 days of your baby’s birth or, if your baby was born early, within the period from the actual date of birth up to 56 days after the expected week of birth. Your partner will be able to return to the same job after paternity leave. What is Statutory Paternity Pay (SPP)? SPP is paid by employers for up to two weeks at a rate of £112.75 per week or 90% of average earnings, whichever is less. Can my partner get Statutory Paternity Pay? Your partner can get Statutory Paternity Pay if he or she: ● ● ● ● is the baby’s father or your husband/partner and is responsible for the baby’s upbringing; has worked for an employer for 26 weeks by the 15th week before the baby is due or, if the baby is born before then, would have worked for an employer for 26 weeks by the 15th week before the baby is due; is still employed by the same employer before the birth; earns at least £87 per week on average (before tax) in the eight weeks immediately before the week your baby is born. Your partner must give their employer notice of the date they want their SPP to start at least 28 days before or as soon as reasonably practicable. PARENTAL LEAVE This is unpaid leave from work of 13 weeks per parent per child, to be taken before the child’s fifth birthday. Adoptive parents can take it either within five years of the placement for adoption or by the
Your rights and benefits child’s 18th birthday, whichever is earlier. For children on Disability Living Allowance (DLA), leave has been extended to 18 weeks and must be taken before the child is 18. Every worker is also entitled to emergency unpaid leave to make arrangements for the care for a dependant who falls ill, gives birth or is injured. This leave can be used if there is a sudden problem with care arrangements for the dependant, e.g. if your childminder falls ill. DISMISSAL OR UNFAIR TREATMENT It is against the law for your employer to treat you unfairly, dismiss you or select you for redundancy for any reason connected with pregnancy, childbirth, maternity, paternity, adoption or parental leave. If you are dismissed while you are pregnant or on maternity leave, your employer must give you a written statement of the reasons. You can make a claim for unfair dismissal, and sex discrimination, in an employment/industrial tribunal within three months. You can also claim unfair dismissal if you are dismissed in connection with parental leave or time off for dependants. STATUTORY MATERNITY PAY (SMP) What is it? Statutory Maternity Pay provides you with some money to help you take time off at and around the birth of your baby. It is paid for up to a maximum of 39 weeks by your employer, who can claim back some or all of it from Her Majesty’s Revenue and Customs. Statutory Maternity Pay counts as earnings and your employer will deduct tax and National Insurance. You can get it even if you don’t plan to go back to work. You will not have to pay Statutory Maternity Pay back if you don’t return to work. You may qualify for Statutory Maternity Pay from more than one employer. Who gets it? You get Statutory Maternity Pay if: • you have been continuously employed by the same employer into the qualifying week (this is the 15th week before the week your baby is due) – part weeks count as full weeks, and • you are earning an average of £87 a week before tax. This is called the Lower Earnings Limit for National Insurance (NI) contributions and is the amount you have to earn to qualify for benefits. You have to earn more than this amount before you actually start paying National Insurance. Your earnings are averaged over an eightweek period, running up to and including the 15th week before the week your baby is due. This period may vary slightly depending on whether you are paid weekly, monthly, or at other intervals. To find out which is the qualifying week, look on a calendar for the Sunday before your baby is due (or the due date if that is a Sunday) and count back 15 Sundays from there. You should use the due date on the MAT B1 certificate which your midwife or GP will give you when you are about 20 weeks pregnant. If you are not sure if you’re entitled to Statutory Maternity Pay, ask anyway. Your employer will work out whether or not you should get it, and if you don’t qualify, they will give you form SMP1 to explain why. If your employer is not sure how to work out your Statutory Maternity Pay or how to claim it back, they can ring the Employers’ Helpline on 0845 714 3143 for advice. How much is it? For the first six weeks you get 90% of your average weekly earnings, with no upper limit. The remaining weeks are paid at a flat rate of £112.75 or 90% of your average weekly earnings if this is less than £112.75. Statutory Maternity Pay should be paid in the same way and at the same time as your normal wages. When is it paid? The earliest you can start your Statutory Maternity Pay is 11 weeks before the expected week of childbirth and the latest is the day following the birth. To work out the earliest date, use the due date on your MAT B1 certificate, which your midwife or GP will give you. Find the Sunday before your baby is due (or the due date if it is a Sunday) and count back 11 Sundays from there. It is for you to decide when you want to stop work. You can even work right up until the date the baby is due, unless: • you are absent from work because of your pregnancy at the start of, or in, the last four weeks of your pregnancy. In this case your Statutory Maternity Pay will start automatically the day following the first day of absence from work for that reason; 139
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Birth five to This book gives you a
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Birth five to Your complete guide t
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1 The first weeks There’s somethi
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The first weeks SCREENING AT A GLAN
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The first weeks B REASTFEEDING Brea
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The first weeks 2 Be patient… Sta
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The first weeks Allow your baby to
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The first weeks USING BREAST PUMPS
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The first weeks STERILISING All the
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The first weeks Follow the manufact
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The first weeks S LEEPING Some babi
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The first weeks room is too hot.
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The first weeks If you’re finding
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The first weeks NAPPY RASH Most bab
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The first weeks WASHING AND BATHING
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The first weeks T WINS ( OR MORE) P
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YEARS MONTHS 1 2 3 4 5 6 7 8 9 10 2
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How your child will grow • Walk o
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How your child will grow BRUSHING Y
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How your child will grow HEIGHT AND
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How your child will grow You should
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3 Learning and playing What we call
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Learning and playing I DEAS FOR PLA
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Learning and playing H OW TO MAKE S
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Learning and playing TRANSITION FRO
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Learning and playing MAKING CHILDCA
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4 Habits and behaviour There are so
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Habits and behaviour PROBLEMS WITH
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Habits and behaviour • By twelve
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Habits and behaviour A NEW BABY IN
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Habits and behaviour • Sometimes
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Habits and behaviour time he or she
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Habits and behaviour out to buy one
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5 Feeding your child Food is one of
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Feeding your child - push the bowl
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Feeding your child ALLERGIES Babies
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sensible for adults, but not for ba
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Feeding your child • Squashes, fi
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Feeding your child FAMILY F OOD For
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Feeding your child ‘When you go s
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Feeding your child Types of vegetar
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Feeding your child • Fruit and ve
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Feeding your child F OOD SAFETY You
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Feeding your child • If your chil
Page 89 and 90: 6 Illness and accidents Every child
Page 91 and 92: Illness and accidents ● ● out-o
Page 93 and 94: Illness and accidents smoking or en
Page 95 and 96: Illness and accidents D IARRHOEA YO
Page 97 and 98: Illness and accidents ● ● ●
Page 99 and 100: Illness and accidents Alternative t
Page 101 and 102: Illness and accidents After these m
Page 103 and 104: Illness and accidents ILLNESS INFEC
Page 105 and 106: Illness and accidents practice nurs
Page 107 and 108: Illness and accidents swelling wher
Page 109 and 110: ecome a carrier and develop serious
Page 111 and 112: Illness and accidents ❑ ❑ ❑
Page 113 and 114: Illness and accidents ● ● ●
Page 115 and 116: Illness and accidents IF YOUR CHILD
Page 117 and 118: Illness and accidents at the knee a
Page 119 and 120: Illness and accidents THINGS STUCK
Page 121 and 122: Illness and accidents W HEN A CHILD
Page 123 and 124: Your own life P HYSICAL PROBLEMS A
Page 125 and 126: Your own life visitor about other l
Page 127 and 128: Your own life Stress also comes fro
Page 129 and 130: Your own life • Share the housewo
Page 131 and 132: Your own life • Suggest a regular
Page 133 and 134: 8 Your services There is a wide ran
Page 135 and 136: Your services H OW TO CHANGE YOUR G
Page 137 and 138: make. The money cannot be taken out
Page 139: Your rights and benefits of childca
Page 143 and 144: Your rights and benefits Anything e
Page 145 and 146: Your rights and benefits Who gets t
Page 147 and 148: Your rights and benefits HOUSING BE
Page 149 and 150: USEFUL ORGANISATIONS Some of these
Page 151 and 152: Council for Disabled Children 8 Wak
Page 153 and 154: INDEX A accidents 108-18 additives
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