Family Friendly and Flexible Working

Over the last couple of years much legislation has been introduced to help employees juggle work and family commitments.

As the various regulatory reguirements continue to change and place an increased ownership on an employer to provide "family friendly" practices, it is important for an employer to both comply with legislation and make sure employees are able to exercise their right to take leave, request flexible working arrangements, and recieve statutory payments and entitlements owing to them.

Maternity, Paternity and Adoption Leave

Expectant mothers, fathers and adoptive parents have a legal right to time of work, some of which attracts statutory payments - Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay (SMP, SPP and SAP for short).

Employees also have other employment rights (e.g. expectant mothers can work as close to or beyond their Expected Week of Confinement (EWC) provided they are capable of doing their job).

It is therefore important for an employer to understand and communicate to employee's their legal rights and entitlements. Employers should also ensure discrimination does not take place or an employee is not dismissed as a result of them being pregnant, having given birth, or for exercising their right to or taking maternity, paternity or adoption leave.

Our maternity, paternity and adoption documents are aimed at helping employers:

• communicate leave entitlements and early or non return to work details to employees
  
• confirm an entitlement to ante-natal appointments and time-off work
• confirm SMP, SPP and SAP payments and entitlements
  
• understand employment qualifying conditions (e.g. minimum continuous employment period)
• communicate to employees how taking a leave period will affect their pay and benefit entitlements and continuous employment
• keep in touch with an employee during a period of leave
• request an employee to attend work or training during a period of leave
• communicate a employee's right to return to work in the same or a similar role
  

Flexible Working

Many employees have a legal right to request flexible working. Additionally, some employees will have a legal right to parental leave. Employees need to satisfy certain eligibility conditions (for example, a minimum period of continuous employment).  An employee requesting flexible working will need to be a working parent or the carer of an adult (again, certain restrictions apply). Various time limits and restrictions apply that restrict an employee's legal rights.

Flexible working requests must be considered reasonably to protect against claims of unfair treatment. Employers declining flexible working requests should ensure that a legally acceptable reason is given.

Employers who agree to a flexible working request should ensure that the details of the arrangements are clearly communicated, together with any impact on pay and benefits.

Our flexible working documents are aimed at helping employers consider, manage and respond to flexible working requests as quickly and easily as possible, including meeting with an employee to discuss their application.

And where you want to either decline a flexible working request, or offer alternative flexible working arrangements, you comply with any legislative and regulative requirements. (As well as ensuring staff provide sufficient information with their flexible working application to enable you to make a decision.)

Our flexible working documents also help an employer handle an appeal against a flexible working decision, including organising a flexible working appeal meeting and notifying an employee of your flexible working appeal decision (e.g. appeal agreement, appeal decline or appeal counter arrangements).

More Information

If you have any questions or need assistance, please contact us.