Family Friendly Rights

All employees have the statutory right to request flexible working.

To be eligible 26 weeks’ continuous service is required and you must not have made a previous request within the last year.

To request flexible working, you must submit a request for flexible working, in writing. On receipt the organisation as a duty to consider your request in a reasonable manner.

Key Points

• The right to request flexible working is available to employees with a minimum of 26 weeks’ continuous service with the employer
• The right to request flexible working applies to both full-time and part-time employees
• The organisation can refuse your request based on business needs

Making an application

You will need to make your application for flexible working in writing.

The application should:

• state that it is an application for flexible working
• be dated
• specify the date on which they would like to start flexible working
• detail the change that is requested
• explain the effects that they think the requested change would have on the team and role
• Confirm if they have made a previous application for flexible working, and if so, the date that application was made
• All applications should be sent to your line manager and then to HR

Response to the request

The management team will consider the request and respond accordingly.

Trial Periods

The organisation can agree to try a flexible working pattern on a trial basis (although the organisation is not obliged to offer a trial period and this is often for three months). If this is the case, the duration of any trial period will be clearly set out in writing and the efficacy of the arrangements will be reviewed regularly throughout the trial period. Further, a conclusion will be reached as to whether the arrangement should become a permanent contractual change before the trial period has expired.

For more details please contact the HR Team at personnel@epwin.co.uk

The Company will comply with the relevant legislation relating to the employment of part time workers.

Details for individual employees will be as per their contract of employment.

If you wish to reduce your hours of work to part time, please inform your manager in writing for consideration under the right to flexible working requests.

Employees have a statutory right to up to 52 weeks’ adoption leave and 39 weeks’ adoption pay is available to eligible employees adopting a newly placed child. Where a couple adopts a child jointly, only one of them can take adoption leave. The couple can choose which parent takes leave; the other parent may be able to take paternity leave, or parental leave, or shared parental leave.

Please note proof of adoption must be submitted to the company at the earliest opportunity

Key Points

• If you are entitled to adoption leave you can take up to 26 weeks’ ordinary adoption leave, followed by a further 26 weeks of additional adoption leave.
• You are entitled up to 39 weeks’ statutory adoption pay if you are eligible.
• Parents adopting a child are entitled to reasonable paid time off work to attend up to five adoption appointments.
• You must notify your line manage and the HR of an intention in writing to take adoption leave within seven days of being notified of a match by the adoption agency.
• Your employment contract continues as normal during adoption leave, with the exception of pay.
• You have the automatic right to return to work after his or her adoption leave. You are entitled to return to your role, but it will depend on whether they have taken ordinary or additional adoption leave.
• If you have a child placed for adoption you may be able to convert a period of adoption leave or pay into a period of shared parental leave or pay that can be taken by either parent on a flexible basis.

Please contact the HR Team at personnel@epwin.co.uk for further information.

All pregnant employees have the right to take up to 52 weeks’ maternity leave, regardless of their length of service. You may also qualify for up to 39 weeks’ statutory maternity pay, or maternity allowance, if you do not qualify for statutory maternity pay.

You also have the right to return to work during, or at the end of, ordinary maternity leave, to the same job on the same terms and conditions as if she had not been absent.
Pregnant employees have the right to time off to attend ante-natal appointments.

The organisation will provide a risk assessment under its health and safety obligations in respect of pregnant employees and those who have recently given birth or who are breastfeeding.

Key Points

• All pregnant employees are entitled to 26 weeks’ ordinary maternity leave (OML) and 26 weeks’ additional maternity leave (AML), regardless of their length of service.
• You are prohibited from working in the two weeks (four weeks if you work in a factory) immediately following the birth of a child.
• Your employment contract continues as normal during maternity leave, with the exception of pay.
• You may qualify for up to 39 weeks’ statutory maternity pay or maternity allowance.
• You and your Line Manger may agree to do up to 10 days’ work – known as ‘Keeping in touch’ (KIT) days – during the maternity leave period without losing statutory maternity pay (SMP) or triggering the end of maternity leave.
• After additional maternity leave, you are entitled to return to either the same job or, if this is not reasonably practicable, to another suitable job, on terms and conditions that are no less favourable to her than those that applied previously.
• You will not be at any detriment because you are on maternity leave, taken, or plan to take, maternity leave. Pregnancy and maternity are protected characteristics under the Equality Act 2010, and treating someone unfavourably because of pregnancy or maternity is discrimination.
• You may be eligible to convert some of your maternity leave into shared parental leave, that can be taken either by the woman or her partner, on a more flexible basis than has been the case (See – Returning to work’ and section on ‘Shared parental leave’).

For further information please contact the HR Team at personnel@epwin.co.uk

All eligible employees have the right to take a period of parental leave.

Parental leave is unpaid and must be taken for the purpose of caring for a child and must only be taken with management agreement.

Key Points

• Parental leave is only available to employees who have at least one year’s continuous service.
• Employees must be named on the child’s birth or adoption certificate or have parental responsibility.
• Up to 18 weeks’ leave (in total) can be taken for each child (this period was previously 13 weeks but was increased to reflect revisions to the parental leave directive). The weeks must be taken as whole weeks and not individual days, unless otherwise agreed by the organisation or your child is disabled.
• Parental leave can be taken up until the child becomes 18 but is restricted to a maximum of four weeks in any year, unless your request is adjusted with the organisation.
• At least 21 days’ notice, in writing, must be given to your Line Manager and HR if parental leave is wished to be taken; Please note the organisation can postpone (but not refuse) the request in certain circumstances.
• All statutory rights will continue during the period of absence, such as the accrual of statutory holiday entitlement and continuity of service.

Note – Parental leave should not be confused with shared parental leave, which is available to the parents of babies due (or placed for adoption) on or after 5 April 2015 (see Shared parental leave).

For further information please contact the HR Team at personnel@epwin.co.uk

Employees have the right to take up to two weeks’ ordinary paternity leave (OPL).

Pay is also available to all eligible employees around the time of the birth or adoption of a child.

The leave must be taken to care for your child or to support your child’s mother/adopter and must be taken as a single block of either one or two weeks. If you take a single week’s leave, you cannot take a second week’s leave at a later date.

You cannot take more than one period of OPL even if more than one child is born or adopted at the same time.

The leave can be taken on a date of your choosing but must be taken within 56 days’ of the birth or adoption placement unless the child is born prematurely. In that case the leave must be taken within 56 days of the expected week of childbirth (EWC).

To qualify for OPL you must have 26 weeks’ continuous employment before the end of the 15th week before the EWC, or in the week when your partner is notified of a match for adoption, and must share responsibility for the care of the child with the child’s mother/adopter.

You are entitled to take unpaid time off to accompany your pregnant partner to up to two ante-natal appointments.

Eligible employees may also be able to take periods of shared parental leave (and possibly pay) which must be taken within a year of the child’s birth or adoption. This can be taken in a more flexible way for those employees with babies born/children matched for adoption.

Note: If your eligible for shared parental leave (see Shared parental leave) you will lose your right to OPL if you  have already taken a period of shared parental leave for the child.

Surrogacy

The intended parents in a surrogacy arrangement who are entitled, and intend to, make an application for a parental order to become the child’s legal parents can take paternity leave and pay and adoption leave and pay in relation to the child (assuming that other relevant conditions are met).

You will also be able to opt into the shared parental leave system if the parent taking adoption leave chooses to bring the leave to an end early.

 Notification of taking leave

In order to take OPL, you must notify your line manager of your intention to take the leave. You must put your request in writing and notice must be given on or before the 15th week before the expected week of childbirth (EWC), or within seven days of being notified of matching in cases of adoption. If it is not reasonably practicable to give notice at that time, notice must be given as soon as it is reasonably practicable.

The notice must specify:

• the EWC or date of matching for adoption and expected date of placement
• the period of leave the employee wants to take
• when you wish the leave to begin.

You can change the date on which they want their OPL to start provided you give your line manager ‘ notice of the change, or if this is not reasonably practicable, as soon as it is reasonably practicable.

Time off to attend ante-natal appointments

If you are in a ‘qualifying relationship’ with a pregnant woman or her child is entitled to take unpaid time off work on up to two occasions to accompany her to ante-natal appointments.

To be eligible to take time off as a companion for up to two ante-natal appointments, you must be:

• the child’s father
• the woman’s husband, civil partner or partner, or
• the child’s intended parent in a surrogacy arrangement.

You may be required to state or provide proof:

• the time and date of the appointment
• that the time off is to accompany the woman to an ante-natal appointment
• the appointment is made on the advice of a registered doctor, nurse or midwife, and
• that they are the child’s father, or the woman’s husband, civil partner or partner, or the child’s intended parent in a surrogacy arrangement.

Benefits and statutory paternity pay

Your employment contract continues as normal during OPL, with the exception of terms and conditions relating to ‘remuneration’ (defined as wages or salary).

You will continue to benefit from terms and conditions relating to holiday, or other non-cash benefits for the duration of OPL.

During any period of paid paternity leave (whether statutory or enhanced paternity pay) you will be treated as though you are working normally for your normal remuneration.

Returning to work

You will have the automatic right to return to work after one or two weeks’ OPL without giving notice and are entitled to return to the same job they were doing before the paternity leave period.

Additional paternity leave/ shared parental leave

Additional paternity leave (APL) is no longer available as it has been replaced by shared parental leave (SPL).

Employees eligible for OPL may be able to take periods of SPL on a flexible basis. Shared parental pay may also be available if the mother/adopter curtails their maternity or adoption pay period. You can decide how shared parental leave and pay can be divided between you and your partner which can be either maternity/adoption leave and shared parental leave, or both on shared parental leave at the same time if you choose.

For more details, go to ‘Shared parental leave’.

Note: Employees lose their right to ordinary paternity leave if they have already taken a period of SPL for a child.

Cancel Paternity Leave

Employees must give notice to cancel two weeks before the leave is due to start, where possible. If you do not provide notice in the timescales set out and it is not reasonably practicable to accommodate the change, you may be required to take a period of SPL.

If you require further information or advice please contact the HR Team at Personnel@epwin.co.uk

Shared parental leave (SPL) gives families more flexibility about how leave is taken following a child’s birth or adoption. If you qualify you will have a right to convert a period of leave and pay into a period of shared parental leave and pay that can be taken by either parent (or the mother’s spouse or partner or civil partner.

Key Point

• Women are entitled to 52 weeks’ maternity leave and 39 weeks’ maternity pay.
• A woman on maternity leave can commit to bringing her maternity leave and pay period to an end early. The balance of the maternity leave and pay period becomes available for either parent to take as shared parental leave (SPL) and pay.
• Shared parental leave can be taken (up to a maximum of 5o weeks)  in periods of a week or multiples of a week.
• A parent can take a period of shared parental leave at the same time as the other parent is on maternity leave or shared parental leave.
• A parent will only qualify to take shared parental leave if the other parent meets basic work and earnings criteria and the parent taking the leave meets the individual eligibility criteria (such as having 26 weeks’ continuous service at the 15th week before the EWC and remaining in the same employment).
• You must provide the organisation with at least eight weeks’ notice in writing of any period of shared parental leave.
• Each parent can make up to three requests for periods of shared parental leave. The organisation can refuse a request depending on whether the employee has asked for a continuous or discontinuous period of leave.
• Shared parental leave has to be taken before the child’s first birthday.
• Rights during a period of shared parental leave mirror those of a woman on maternity leave: all terms and conditions of employment continue except those relating to remuneration.
• The employee can work up to 20 days during SPL, without bringing it to an end. These are called shared parental leave in touch (SPLIT). These days are additional to the 10 ‘keeping in touch’ (KIT) days already available to those on maternity or adoption leave.
• You will not suffer any detrimental treatment or be dismissed as a result of taking or asking to take shared parental leave they can bring a complaint to the employment tribunal.

For more details regarding Shared Parent Leave please contact the HR Team at personnel@epwin.co.uk

The right to time off to care for dependants is intended to be for emergencies only, and the time taken off is unpaid.

To request time off work, the circumstances must be unforeseen, therefore resulting in you requiring to take time off due to an emergency situation involving a dependant.

In deciding whether to allow the time off, your line manager will consider whether it is necessary, and take into account any previous dependant leave which you may have taken.

There is no specified limit on the length of a period of time off for dependants – but it must be ‘reasonable’.

A dependant of an employee is defined in the legislation as one of the following:

Who is a dependent?  

• husband or wife or partner
• child
• parent
• someone else who is regarded as part of the family and lives with an employee (but not tenants, boarders, lodgers or employees)
• anyone else who is reliant on an employee in emergency situation

Reason for making a request

The legislation gives employees, both male and female, the right to a ‘reasonable’ amount of time off for dependants in the event of any of the following circumstances:

• where a dependant falls ill, is injured or is assaulted
• to making arrangements for the provision of care
• where the employee has to make arrangements for the provision of care for a dependant
• in the case of the death of a dependant
• where the arrangements for the care of a dependant have been unexpectedly disrupted or terminated (e.g. a child-minder fails to turn up)
• where there has been an unexpected incident involving the employee’s child at school

There is no qualifying service period required to entitle you to take time off work to care for a dependant, but the time off is unpaid.

For the you to be entitled to time off work, the circumstances must be unforeseen. The intention behind the legislation is to allow employees to take time off work in the event of an emergency situation involving a dependant, and to be protected against any detriment for doing so.

Also key to the definition i the involvement of a dependant in the emergency at hand. For this reason, emergencies relating to other domestic circumstances e.g. a flood at home, will not be covered under this right.

In order for your manager determine whether the leave is ‘necessary’ the following factors should be considered:

• the availability of someone else who can help in the circumstances
• the nature of the incident
• the relationship of the employee with the dependant

The entitlement is to a ‘reasonable amount of time off’. In assessing this, your line manager will take into consideration the following:

• the number of times the employee has taken time off
• the length of time off that the employee has taken
• when the time off was taken
• whether on each occasion the employer was informed of the absences

In many situations, the request will not be refused. However, there are two legal regulations which specify two main grounds on which time off can be refused:

• where it is not necessary to take the time off (for example, if a child has had a serious accident it would be reasonable for both parents to go to the hospital, but if a childminder was ill it would not be reasonable for both parents to leave their work to care for the child) or
• where the amount of time off requested by the employee is unreasonable

You line manager will confirm if they refuse time off for dependents.

If you require further information or advice please contact the HR Team at Personnel@epwin.co.uk