The Eu Pregnant Workers Directive - Reform
Other key rules: • 6 weeks after birth is the deadline for the ‘mother’ to change her mind completely about handing over her some or all of her leave and pay to ‘father’ • the employer can refuse to accept more than three notifications of shared leave plans which must be self-certified by the parents to their respective employers with at least eight weeks’ notice. Each leave plan proposing more than one period of leave for each parent can be accepted, refused, or re-negotiated (plans for one period of leave per parent must be accepted by the respective employers • 10 KIT days still apply during maternity leave • up to 20 working, or SPLIT days for each parent can be taken during shared leave • both parents have the right to return to their old job after any period of leave that adds up in total to 26 weeks or less (even if it isn’t in one block). Where more than 26 weeks is taken it will be the right to return to a job that is suitable and appropriate • fathers have the statutory right to unpaid time off to attend 2 ante-natal appointments • there is no change to SMP qualification or the various start dates for maternity leave • there is no service requirement for fathers to receive paid parental leave so new employees are entitled to leave immediately • self-employed Dads are entitled to Universal Credit to allow them to take shared parental leave. COPYRIGHT © 2021 THE CHARTERED INSTITUTE OF PAYROLL PROFESSIONALS THE EU PREGNANT WORKERS DIRECTIVE - REFORM The European Commission has also published proposals to improve paid maternity leave under the Pregnant Workers Directive. It continues to be proposed that: • the fully paid maternity leave period be extended from 14 to 18 weeks (although the UK does not meet this it appears that capping full pay at the level of SSP indicates the UK scheme will comply) • the compulsory maternity leave period be extended from four to six weeks for those working in a factory • the woman’s former job must be held open for the full period of her leave i.e. up to 52 weeks. This would mean that ordinary and additional maternity leave would be abolished and it would simply be a 52 week leave period • women would not be restricted to going on leave only 11 weeks before the EWC. These proposals received a second formal reading in December 2015, however there is still no agreement from the member states at present and at the point of publication the proposals continue to be under review. No printing, copying or repr duction permitted. MATERNITY ALLOWANCE Introduced on 5th July 1948, Maternity Allowance (MA) is a contributory and non-taxable benefit available to a woman who has worked and paid full National Insurance Contributions in the relevant period. The relevant period is the 66 weeks up to and including the week before the week the baby is due. The average earnings are worked out using earnings from any 13 weeks in the relevant period. As long as the average earnings per week exceed the earnings threshold (£30) MA is payable, hence few women do not qualify.
295
Made with FlippingBook - Online magazine maker