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 Principles

• Ordinary maternity leave (“OML”) – 26 weeks

• Additional maternity leave (“AML”) – 26 weeks

• 12 months’ entitlement unless you tell your employer otherwise

• 28 days’ notice if you intend to return to work before the end of OML

• 8 weeks’ notice if you intend to return to work early after AML

Returning to Work – General Principles

• OML – return to same job• AML – return to work to the same job unless that is not reasonably practicable• If not, suitable job on terms and conditions which are no less favourable• Risk assessment on return• Health and safety issues concerning you and your baby• What 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” days

• Up to 10 days without maternity leave coming to an end or loss of maternity pay

• Why?

• Maintaining contact

• When?

• Not in the two weeks immediately following birth

• Reasonable contact

Breastfeeding• Written notice to employer

• Specific individual risk assessment

• Rest facilities

• Private, clean and safe place with fridge facilities

Flexible Working• Right to request flexible working and not the right to work flexibly

• What is flexible working?

• Who has the right?

• How to make the request

Flexible Working• Granting of the request

• Refusal of the request

• Failure to follow procedures

• Indirect sex discrimination

Paternity Leave• Two weeks paid leave

• Employee with a contract of employment

• Biological father or the mother’s husband or partner (including a partner in a same sex relationship)

• Rate of pay

• Length of qualifying service

• Notice

Paternity Leave• Work and Families Act 2006

• Additional Paternity Leave

• Expected to be introduced on 3rd April 2011

• Up to 26 weeks’ additional paternity leave

• Statutory paternity pay

• Self-certification

• How many will take up the right?

Returning to Work – Your Rights

• Thank you very much for listening

• Any questions?

Returning to Work – Your Rights

• Juliette Franklin

• Russell Jones & WalkerLandore Court, 51 Charles StreetCardiff CF10 2GD

• Telephone – 029 2192 1828• E-mail – j.j.franklin@rjw.co.uk