First time parents - do they know their rights?
March 17, 2009
One of my friends is expecting a baby in about six weeks, and whilst I’m trying to think of the nicest present to get for their alternative baby shower (just basically a big knees up), probably the best gift I can give my friend at the moment is advice on her employment rights as she is becoming a parent for the first time.
What has struck me is the fact that my friend is not completely aware of her rights, and this is probably the case for employees in many companies. My friend is a teacher and she told me that she wants to go back to work part time after her maternity leave but that the college has indicated that they will not let her because she’s in a management level role – but they will probably invite her to come back into a lower grade position if she wants to work part time. My friend had almost taken this as the final word on the subject until I informed her of the right to request flexible working regulations – and the process that needs to be followed to have a constructive two-way conversation regarding the different options and their implications. I explained that as a parent of a child under six years of age (soon to be extended to 16 years) she had the right to request flexible working by writing to the employer – and the employer has an obligation to consider the request and either grant it, negotiate another option if it reasonably believes the option she puts forward is unfeasible, or refuse the request if there is a genuine reason that means it cannot be granted (reasons might include higher costs or it having a detrimental effect on other staff, customers/clients or service quality). I asked my friend if she thought it is reasonably possible for her to work part time and still achieve the needs of her job – and she said it is, so I advised her to put the reasons she believes this is possible in her request – then the onus is on the employer to argue the opposite.
Another thing my friend said is that her employer has asked her to give back her company laptop during her maternity leave; and again I have advised that this is not really correct under the recent changes to maternity legislation. In October last year an amendment was made to the law which means that women are now entitled to their full contractual benefits during ordinary and additional maternity leave – and these benefits are likely to include a company laptop, especially if, as in my friend’s case, the employee uses the laptop for personal use at home as well as for work.
It’s easy to see why companies might not inform employees of their full rights under maternity, paternity and adoption law, if they feel that the provisions they will have to make will have a detrimental effect on the company. However legally, and ethically, I feel that it is important to make sure employees know where they stand and what options they have as parents. This could be in the form of a booklet or a section on the company intranet – as although the information may be found in the employee handbook, if there is just one dusty copy up on a shelf somewhere, employees becoming parents for the first time, or even those who are becoming a parent again but for the first time since legislation has moved on, may not have seen the relevant sections.
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