Payroll insight
employer agrees to pay it. The following employees cannot ask for time off: ● an agency worker ● in the armed forces ● of compulsory school age (‘school age’ in Scotland) ● a young person who’s already got the right to take paid time off for study or training ● aged sixteen to eighteen and already expected to take part in education or training. If there is nothing in the company’s contract for requesting time off then employees should write to their employer saying it’s a request ‘under section 63D of the Employment Rights Act 1996’. For further advice use the link: http://bit. ly/2xzeQab. Antenatal leave ● Mother’s entitlement – The mother’s entitlement to antenatal care leave is a separate right to maternity leave and is conferred by general employment law. It is usual for the pregnant employee to attend her first antenatal clinic between the eighth and twelfth week of pregnancy. Unless there are complications the frequency of her visits will increase from monthly to fortnightly and then, in the final stages, to weekly. There is no limit to the amount of time off that the employee can take for antenatal care. In all cases, the amount of time allowed must be adequate for the employee to attend the appointment. The employer may reasonably refuse to allow the employee to take the time off, but it should be noted that what is reasonable in one set of circumstances for one employee may not be reasonable in another set for a different employee. For example, voluntary attendance at relaxation classes might be unreasonable, whereas attendance on medical advice would be reasonable. The
There are no eligibility criteria to be met by the employee other than that she is pregnant, has recently given birth or is breast-feeding. The period of maternity suspension lasts for as long as necessary to remove the risk of damage to her or her baby’s health. The period of suspension is with pay, unless the employee unreasonably refuses alternative work. Where the employer suspends an employee from work because her health, or that of the baby, is at risk, she is to be paid for each complete week suspended (or proportionately for part weeks). Levels of pay The level of pay prescribed by legislation for many of the statutory absences outlined above is either an hourly rate or normal pay; and the two are fundamentally different. ● Normal pay – This is the amount that the employee would have received had they worked normally instead of taking the leave or time off. However, it should be noted that payment in respect of overtime is adjusted so that it is at the basic (flat) rate. Where the employee’s earnings vary, the amount to be paid is calculated by reference to the employee’s average hourly earnings. If these cannot be estimated the earnings of a comparable employee can be used; or, failing that, the payment that is reasonable in all the circumstances. ● Average hourly rate of pay – This is defined as the total number of hours those hours which is not the payments made in the twelve-week period. This differs significantly from the rules used in calculating average weekly earnings for, say statutory maternity pay where the payments made in the relevant period are more important than the payments due for the period. The pay due for the period will include the apportioned value of bonuses and commissions but not any premium payments for non-contractual overtime. Another factor to consider is what the other payments are for because they are only included in the calculation if they are for work performed. Payments, e.g. for attendance, would be excluded and if the payment is for an extended period, it must be apportioned so that only the sum due for the period in question is included in the calculation. n worked in the relevant twelve-week period divided into the pay due for
employee is paid at her normal hourly rate for the time off. ● Partner’s entitlement – Relevant employees have the right to unpaid time off to accompany a pregnant woman to up to two antenatal appointments, capped at 6.5 hours for each. ...either an hourly rate or normal pay; and the two are fundamentally different To qualify for this entitlement, the employee (or qualifying agency worker) must be: the baby’s father; or the expectant mother’s spouse, her civil partner, or partner (of either sex) in an enduring relationship; or the intended parents of a child in a surrogacy arrangement if they expect to be entitled to and intend to apply for a parental order in respect of that child. There is no qualifying period for this entitlement for employees. A qualifying agency worker must have been doing the same kind of work for the same hirer for at least twelve weeks. Though the employer is not entitled to ask for evidence of the appointment from the partner because that belongs to the mother, the employer can ask the employee for a signed declaration. Maternity suspension A maternity suspension occurs if a risk assessment indicates that the employee’s continued attendance might damage her, or her baby’s, health and: ● a temporary adjustment of her working conditions and/or hours would not be reasonable or feasible, or ● there is no suitable alternative work available or it is not feasible for her to do the work.
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| Professional in Payroll, Pensions and Reward |
Issue 38 | March 2018
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