Tag archives: child care

France implements new social measures to face the pandemic

The first COVID-19 cases appeared in France a few weeks ago and French people have been in lockdown since March 17. The repercussions of this pandemic are significant, and the Government has been authorized, by Emergency Act No. 2020-290 of 23 March 2020, to take measures through ordinances (which means that no debate is required before Parliament, and the ordinances are voted directly by the Council of Ministers).

Several ordinances on employment-related matters were adopted by the Council of Ministers on 27 March 2020, and published. A decree was also issued to extend the rules of reduction in activity (short-time … Continue Reading

Comment faire face au Coronavirus en France?

Depuis le mois de janvier 2020, l’épidémie de Coronavirus COVID-19 s’est rapidement propagée à travers le monde, causant des milliers de décès.

Le Gouvernement français a réagi en plusieurs temps : après avoir émis des recommandations en matière de gestes barrière, il a ensuite pris la décision de fermer écoles et établissements accueillant des enfants, puis plus récemment a été ordonné le confinement généralisé de la population française et la fermeture de nombreux établissements jugés non indispensables, afin d’assurer la santé publique. Les dernières recommandations du Gouvernement pour les employeurs peuvent être consultées ici.

Dès lors, pour les entreprises ayant … Continue Reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in Germany?

This post was also contributed by Tony Rau, Trainee, Norton Rose Fulbright LLP (Munich).

German law provides for extensive protection of pregnant employees and employees on leave in connection with pregnancy. Regarding the latter, German law distinguishes between maternity leave (i.e. 6 weeks before until 8 weeks after childbirth – or 6 weeks before until 12 weeks after childbirth in certain cases) and parental leave (i.e. longer periods of leave granted after childbirth in order to care for newborns or children). The relevant rules are primarily aimed at protection against dismissal, but also protect against, for example, certain working conditions … Continue Reading

Key employment law developments expected in 2017

A significant amount of new employment legislation is expected or is already in place for 2017. Key changes will be in the hiring of temporary workers through an agency (referred to as “personnel leasing” in Germany), employee protection and equal treatment.

Reform of laws regarding personnel leasing

One of the main developments in 2017 will be the long expected reform of the German Act on Temporary Employment (Arbeitnehmerüberlassungsgesetz – AÜG), as well as other related laws, with effect from 01 April 2017. Aiming to reinforce the rights of temporary workers during personnel leasing and in particular to prevent … Continue Reading

Now streaming: happy new parents – tech employers set a high bar with paid parental leave

Tech industry giants Netflix and Microsoft this week have announced new generous and flexible parental leave policies as an incentive to attract and retain skilled employees in a highly competitive industry. Earlier this week, Netflix introduced an “unlimited” leave policy for new parents to take as much time as they want – with pay — during the first year after a child’s birth or adoption to allow the new family time for bonding and adjustment to the new family lifestyle. The new parental leave policy applies to all full-time, salaried employees throughout its international organization of approximately 2,000 employees.

Microsoft … Continue Reading

Conciliation travail-famille – endeavour to achieve a work life balance in Quebec

In Quebec, time devoted to paid work has considerably increased over the years. Moreover, the number of single-parent families and households where both spouses work is growing. Consequently, we are left with an increasing imbalance between work and family obligations. Quebec is no exception to this rule. Indeed, the Bureau de Normalisation du Québec (BNQ) acknowledged that the province is dealing with a widespread work-life imbalance.

Consequently, it comes as no surprise that it has become standard for employers to publicize the work-life balance that they offer.

In response to this dilemma, Quebec instituted the four-level Work-Family Balance accreditation in … Continue Reading

Norton Rose Fulbright survey on new parental rights in the UK

Last month I posted an article on the changes to parental rights planned in the UK which will apply to children due on or after 5 April 2015. The UK employment team carried out a survey in January and February this year on the impact of the new legislation on UK businesses. Responses were received from over 200 human resources professionals and employment lawyers across a wide variety of sectors. You may be interested in the survey’s findings which have now been published.… Continue Reading

Parental rights in the UK are set to change

At the end of last year we summarised the current statutory rights of parents to family leave in the UK. These are due to change within the next year. The UK Government’s aims are to give parents greater flexibility and choice as to how they take leave on the birth of their child, to remove the traditional view of the mother as the primary carer and to eradicate gender bias in the workplace. Whether they achieve their aims will depend largely on whether parents, and more particularly fathers, take up their new rights.

Current law

Under current law, subject to … Continue Reading

Family Associated Leaves under the Canada Labour Code

The Canada Labour Code, which applies only to employees who work under a federal jurisdiction, sets out a variety of leaves that allow employees to meet their family related obligations. In order to be eligible, an employee must complete six months of consecutive employment with the same employer before the leave begins. These leaves are unpaid although employment insurance benefits may be available during all or a portion of the leave. Employees are entitled to return to the same position or a comparable position at the end of the leave.

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What employee childcare rights must an employer respect in the province of Quebec?

The Act respecting labour standards (“ALS”) sets out a number of rights when it comes to an employee’s immediate family.

The most commonly known family rights are without a doubt maternity leave (18 weeks), paternity leave (5 weeks) and parental leave (52 weeks).  While these leaves are unpaid under the ALS, the Quebec Parental Insurance Plan (“QPIP”) does provide benefit payments for a portion of these leaves to eligible workers.  Parents can choose between the basic plan (lower benefits for a longer period) and the special plan (higher benefits for a shorter period); the choice of plan is determined by … Continue Reading

Childcare obligations – What are an employer´s obligations

Under Colombian labor legislation the general rule is that child labor is prohibited. However, children under 15 years old may be authorized by the Ministry of Labor to work on artistically, cultural, recreational and athletic activities that do not exceed 14 hours per week.

Additionally, teenagers between 15 and 17 years may work with an authorization issued by the Ministry of Labor.

Please note that teenagers between 15 and 17 years old who have obtained a degree as technicians by the National Apprenticeship Services (“Servicio Nacional de Aprendizaje” -SENA-), or institutions duly accredited to provide technical training, may be authorized … Continue Reading

Childcare obligations – what are an employer’s obligations?

Employers with more than 20 workers are required to provide a day-care center, where such workers whose salary is less than five minimum salaries can leave their children aged between three months and six years during the work day.

To comply with this requirement, employers may choose between several options provided in the corresponding legislation. Options vary between:

  1. Providing a day-care center for their workers’ children directly or through a non-profit civil association established by the employer;
  2. Establishing a child-care center jointly with two or more neighboring companies either directly or through a non-profit civil association; or
  3. Paying a monthly
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Parental rights in the UK

In the UK there are a number of statutory employment rights enjoyed by employees who are also parents. These rights are subject to change during 2015 when a new system of shared parental leave will be introduced. Employees may also be entitled to enhanced rights under the express terms of their contracts of employment. However, their current statutory rights are as follows.

Maternity leave

Subject to complying with the statutory notification procedures, all employed mothers/expectant mothers, irrespective of their length of employment, are entitled to a period of 52 weeks statutory maternity leave.  39 weeks of this period of leave … Continue Reading

South Africa – Child care obligations. What are an employer’s obligations?

Currently, none of the major pieces of employment and labour legislation in South Africa specifically deal with an employer’s obligations when it offers childcare facilities to its employees’ children.

Our legislation does however contain regulations providing pregnant employees with minimum childbirth rights and also seek to protect them after the birth of a child and whilst breastfeeding.  A code of good practice on the protection of employees during pregnancy and after the birth of a child was enacted to provide guidelines for employers and employees concerning the protection of the health of women against potential hazards in their work environment.  … Continue Reading

Childcare obligations – what are an employer’s obligations and an employee’s rights?

German law generally requires employers to take care of their employees’ needs. This obligation may become crucial in situations in which employees with children are affected. This article illustrates the most important childcare related rights of employees and the corresponding obligations employers can be faced with. 

Protection of pregnant employees

The German Maternity Protection Act (Mutterschutzgesetz) prohibits pregnant women from working within the last six weeks before the expected date of birth. Further, pregnant women are generally not allowed to work more than 8.5 hours per day. This limit is reduced to 8 hours a day if the woman is … Continue Reading

Employees with child care responsibilities – what are an employer’s obligations?

In this post we provide an overview of the following two types of obligations that an employer has under Australian law when it comes to employees with child care responsibilities:

  • considering and responding to flexible working arrangement requests; and
  • preventing discrimination on the grounds of family or child care responsibilities.

We also provide some practical steps that employers can take to ensure that they meet their obligations.

Flexible working arrangements to care for children

Where an employee, who is a parent of a child of school age or younger (or has responsibility for their care, including in a guardianship or … Continue Reading

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