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New Family Friendly Employment Rights effective from 28 June 2020

Dexter Flynn | 19/05/20

The Social Security Minister has sought approval from the States Assembly for the family friendly Employment Law changes to come into force on 28 June 2020.

The amended law which was approved by the States on 24 October 2019 entitles all new parents, including surrogates and adoptive parents, to 52 weeks parental leave 6 weeks of which is paid. The law also introduces rights for employees to paid breastfeeding breaks and enables them to request a change to the terms of their employment in respect of such breaks. Employers will be required to take reasonable steps to provide breastfeeding facilities in the work place.

The outbreak of Covid-19 has delayed the introduction of extended benefits to all parents which should assist employers with the cost of the increased parental rights. Consequently, the Minister proposed to introduce a temporary subsidy scheme to support employers with some of their additional costs. This scheme will continue until the work on the parental benefit has been completed, scrutinised and approved by the States Assembly.

Below is a table summarising the key changes to the Employment Law

 

Current From 28 June 2020
Maternity

26 weeks leave of which 6 weeks are paid. No qualifying period.

Increased to 52 weeks’ leave for all parents of which 6 weeks is paid.

 

 

Leave can be split into 3 blocks of no less than 2 weeks and taken from 11th week before baby due/placement of child to 2 years after birth/placement.

Parental, Adoption and Surrogacy

26 weeks leave of which 2 weeks are paid. No qualifying period.

Antenatal Appointments

Unlimited paid time off for mother’s attending antenatal appointments.

Partners entitled to 10 hours paid, the rest unpaid.

Unlimited attendance at antenatal appointments, up to 10 hours paid for father/surrogate/adopter.

Rights now apply to surrogate and adoptive parents.

Breastfeeding

No rights

Right for breastfeeding mothers to request temporary changes to contract terms (hours, times, breaks) to accommodate breastfeeding.

Employer to take all reasonable steps to provide breastfeeding facilities.

Health & Safety

No rights

Right to paid absence when risk assessment prevents pregnant, breastfeeding or woman who has given birth in previous 6 months from attending work and cannot be redeployed.

For further information on this please contact a member of Voisin Law’s Employment team (Dexter Flynn, Stephanie Habin or Michael Davies).

 

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