UK Employment Law\ Employee \ Work Leave
Work leave
Holiday leave
British Law gives you a minimum right to enjoy paid holiday. Many employers go over and above this, by providing five weeks leave, or more. At the very least, you should be given:
- 28 days leave for someone working five days a week;
- part-time workers are entitled to the same level of holiday pro rata;
- you start building up your holiday leave as soon as you start work;
- your employer is legally entitled to say when you can take your holiday;
- you get paid your normal pay for your holiday
- when you finish a job, you get paid for any holiday you have not taken;
- bank and public holidays can be included in your minimum entitlement;
- you continue to be entitled to leave throughout maternity, paternity and adoption leave.
Paternity leave
Employment laws have changed vastly in the UK over the last ten years of the twentieth century. Equality was seen as not only the improvement of rights for female workers, but in many cases, for male workers too. Paternity Rights were enshrined in law by the Labour administration as an attempt at putting more emphasis on the stability of the family unit. Laws were brought in to give new fathers the chance to bond with children and take responsibility for their upbringing.
- The biological father can take paternity leave. This is also available to the mother's husband or partner.
- You must be a parent named on: the birth certificate; or the adoption certificate.
- The duration of 2 weeks’ paid leave is available so long as the employee has given at least 26 weeks' notice prior to the 15th week before the due date.
- The person claiming paternity leave cannot take the leave as individual days, but must take it as either a one-week block, or two consecutive weeks.
- The person claiming paternity leave is entitled to pay at the same rate as the lower rate of SMP.
- Paternity leave can begin at any time after the child's birth so long as it is over within 56 days of the birth.
- If your child is aged five years old, or under, then you have a right to parental leave. If your child is disabled, the age is eighteen years old, or under. You will need to have been continuously employed by your boss for at least a year to qualifty.
- Fathers, mothers or legal guardians who are separated and not living with the child in question can claim parental leave.
- You are NOT entitled if you carry out agency work, contract work, or are self-employed.
- You are NOT entitled if you are a foster parent.
Maternity leave
If you are pregnant, you must tell your employer if you become pregnant at least fifteen weeks before your baby is due. If you didn’t realise you were pregnant early enough to give fifteen weeks’ warning, then you must advise your boss as soon as possible. You should also inform your employer if you want to start maternity leave and receive Statutory Maternity Pay.
It is a good idea for employers to be informed as soon as possible in order that legal obligations may be met – among them: health and safety issues. You cannot take paid time off for ante-natal appointments until your employer has been informed. Every pregnant worker is allowed reasonable time off work for antenatal care though, regardless of the amount of time they have worked there. The employer should pay for any time off at the normal rate. It is against the law to refuse to give reasonable time off for ante-natal care.
Employers may demand evidence of antenatal appointments after the second one. They can also ask to see a medical certificate as proof that you are pregnant. Some written evidence should be provided for any ante-natal appointment.
Time off to find work
If you are given notice of being made redundant, you are entitled to a reasonable amount of time off with pay to go job hunting or arrange retraining. The employer must give permission for this time off before the end of the period of notice. This date is when your notice expires or when the statutory minimum period of notice expires. There is a condition though – you have to have been working for the employer for two years continuously.
Not everyone is covered though:
- if you are an independent contractor or freelancer;
- if you are employed by a police force or in the armed forces;
- if you are employed in share fishing and paid out of profits or gross earnings from the fishing vessel;
- merchant seamen.
The amount of time allowed for job hunting or retraining is not specified in the legislation, but the employer should allow reasonable time off. Some may need just one interview, while others may have to travel further and make a number of visits to obtain a new job.
Taking a Career Break.
Many people decide to take career breaks for a range of reasons, whether it is to look after a sick relative, travel abroad, pursue an interest, or spend more time with the family. However, there is no legislation laid down in UK employment law specifically dealing with this area.
It is best to discuss such an option with your employer before making any plans, as many will not be too happy about losing someone for an extended amount of time, especially if they have invested much time and money in their training. It is also wise to examine the detail of your employment contract. Though your boss might not be in favour of such a break, he or she would have no grounds to use it to initiate disciplinary action or a dismissal.
It may be possible to reach a private agreement with an employer in order that a contract may be continued on return from the break. However, the employer is not bound by such an agreement and therefore you will not be able to take action if your employment is terminated on your return.
Some companies have career break policies allowing employees the ability to take them. If your company does have such a policy, and refuses you a break, then you can claim for a breach of contract on discrimination grounds. If your employer agrees to allow you a break, make sure you fully understand the conditions laid down – or you may find you have no job to return to.
A long term career break could entail terminating your employment contract in the hope of signing a new one on your return. It will also mean that you lose your statutory rights, and any accumulated rights for the amount of time you served.
Employees should be well aware of the constraints under which their employer operates. A small company will not be as able to accommodate an employee taking a long break, while a larger organisation may be able to. Some employers may see this as a chance for you to gain valuable experience if the break is related to another aspect of the business, or carrying out the same role, but in an overseas office.
It is worthwhile consulting an employment solicitor if you want to take a career break, as any mistakes in organising it could cost you dearly in terms of income and career prospects.
|
