Draft rules on shared parental leave and pay published - UK
Government calls for employer responses to new regime
The government has published its draft regulations for shared parental leave and pay, with finalised rules scheduled to come into force on the 1st of October 2014. However, law experts are already warning that the proposed rules “look terribly complicated for both employers and employees”. The draft regulations outline new entitlements for mums and dads, or their partners, to receive 'statutory shared parental pay' from their employers.
The proposals detail the conditions that parents must meet to qualify for these payments. They also allow flexibility for parents to change their requirements after their initial claim.This secondary legislation is part of a radical government overhaul of the existing maternity and paternity regime and it will support the primary legislation known as the Children and Families Act once it receives Royal Assent. The rules will allow both parents to share up to 50 weeks' leave, which can be taken at the same time, or separately. Mums will be able to cut short maternity leave and, provided they give at least eight weeks' notice, can make up to three requests to share their maternity leave with their partner after having their child. But if an employer does not agree to discontinuous periods of leave the employee will have to take the leave continuously. Policy makers at the Department for Business Innovation and Skills (Bis) have urged employers, and other stakeholders, to respond to the draft rules, saying they want to make the new system of shared parental leave and pay “as simple to use as possible”.Bis has indicated it intends the changes to take effect for babies born on or after 5 April 2015.
But in response to the publication of the draft, Pattie Walsh, London head of employment at DLA Piper, said: "The much trailed overhaul of the UK's existing maternity and paternity regime has now had some flesh put on the bones with the publication of a series of draft regulations. "The government's aim to allow parents to share a period of parental leave is a laudable one. However, at first blush at least, the regulations which will implement the system look terribly complicated - for both employers and employees. They are due to come into force in October 2014, leaving employers with a relatively short time to prepare new policies and procedures, and will apply to employees expecting a baby on or after 5 April 2015.And she added: "Surprisingly, it appears that only employees with 26 weeks' service will qualify for the right to take shared parental leave in any event."
Bright Contracts – Employment contracts and handbooks.
BrightPay – Payroll & Auto Enrolment Software
How to Roll out Contracts & Handbooks to Existing Staff
Introducing a contract of employment or a handbook for the first time to current employees, can be a difficult, tricky matter for many employers.
It is an area that many employers put on the long finger, or avoid doing until they have to.
Common reasons for not implementing employee documentation include:
• Lack of time
• Fear that employees will refute the terms of the documents and refuse to sign
• Anxiety that documentation will harm the relationship between management and staff, if the employees feel a new set of rules are being entrust upon then
• A false belief that it will restrict how management deal with employees
However, this does not have to be the case. It is possible to introduce new documentation without spending huge amounts of time, alienating your work force, or causing disruption.
The answer lies in good communications.
To help employers introduce their new Bright Contract’s employee documentation, we’ve created a short video outlining our four step guide to rolling out contracts and handbooks.
Alternatively, read our guide to Introducing Contracts & Handbooks to Existing Staff available here. http://www.brightcontracts.co.uk/docs/hr-guidance/introducing-contracts-handbooks-to-existing-staff/
How to deal with employee absence due to bad weather
The last few weeks has seen the UK and Ireland battle record-breaking storms and floods. This has literally left many employers high and dry. So what do you do if your employee’s can’t attend work due to bad weather?
Employees must attend work unless they are on authorised absence, or if they are unwell. Under their contracts of employment, employees still have to attend work, even in extreme weather conditions. If the workplace remains open during the bad weather and the employee cannot make it in, the employer can treat the absence as un-authorised. In such situations, employers would be well within their rights to refuse to pay an employee who cannot make it into work.
However, employers should consider the impact of deducting pay on productivity and employee morale in the long run in these circumstances, especially if the weather makes it impossible to get to the workplace or the workplace is closed through no fault of the employees. Often in these situations the financial burden is compensated by the positive impact on morale and productivity.
In general, it is recommended that employers try to implement as flexible an approach as possible. Possible options can include:
• Having the employee take time off as annual leave. It should be noted that employers also cannot force their employees to take annual leave unless this is expressly provided for in the employment contract.
• Consider whether the employee can work from home
• Allow the employee to make up the time at a later date
Whatever option you do go with, make sure it is clearly communicated and consistently applied to all staff. It’ll make managing the situation a lot easier when the situation does arise.
Bright Contracts - Employment Contracts and Handbooks
