Tag archives: maternity leave

Avis aux employeurs – changements aux congés pour les parents

Photo of Geneviève Lay (CA)By Geneviève Lay (CA) on Posted in Canada, North America, Québec
Étiez-vous informés des modifications récentes à la Loi sur l’assurance parentale et à La loi sur les normes du travail (LNT) concernant les congés de maternité, de paternité et parental? Les employeurs devront revoir leur politique d’entreprise et/ou convention collective pour tenir compte de  ces changements. Ces lois ont été récemment modifiées par le projet … Continue reading

Court holds that it’s not discriminatory to enhance pay during maternity leave, but to pay only statutory shared parental pay during shared parental leave.

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, UK
In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave. Whilst many employers do not pay enhanced … Continue reading

EAT holds that paying enhanced maternity pay, but only statutory shared parental pay, is capable of amounting to indirect sex discrimination

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, UK
In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave. Whilst many employers do not pay enhanced … Continue reading

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

Photo of Jannis BreitschwerdtBy Jannis Breitschwerdt on Posted in Europe, 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 … Continue reading

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

Photo of Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in Discrimination and harassment, South Africa
Under South African Labour Law, employees who are pregnant or on maternity leave enjoy extensive protection from discriminatory conduct and dismissal if such discrimination or dismissal is directly or indirectly based on their pregnancy. In terms of section 187(1)(e) of the Labour Relations Act, 1995 (LRA), any dismissal based on pregnancy is an automatically unfair … Continue reading

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

Global Workplace InsiderBy Elodie Grangier on Posted in Discrimination and harassment, Europe, France
As is the case in many other countries (particularly countries in the European Union, which are covered by EU Directive 92/85/CEE dated 19 October 1992), France has implemented a full set of rules with the goal of protecting pregnant employees or employees on maternity leave against illegitimate termination of their employment contract. These protections also … Continue reading

Do employees who are pregnant or on maternity leave enjoy special protection on redundancy?

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Discrimination and harassment, Europe, UK
It is not unlawful in itself to make an employee redundant who is pregnant or on maternity leave. This means that, subject to the special protection enjoyed in respect of alternative employment referred to below, the fairness and lawfulness of the redundancy dismissal will be determined in the same way as other redundancy dismissals. So, … Continue reading

Key employment law developments expected in 2017

Photo of Jannis BreitschwerdtBy Jannis Breitschwerdt on Posted in Contracts, General, Germany
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 … Continue reading

What rights and protections are there for part-time workers?

Photo of Stefanie RadinaBy Stefanie Radina on Posted in Contracts, Europe, Germany
This post was also contributed by Dimitri Schaff, Trainee, Norton Rose Fulbright LLP (Munich). Currently, about one quarter of all employment relationships in Germany are based on part-time models, the proportion of part-time to full-time employees having increased by about 12 per cent since 2001. Furthermore, as a result of the implementation of the EU Part-time Workers … Continue reading

What rights and protections are there for workers on zero hours contracts in Germany?

Photo of Jannis BreitschwerdtBy Jannis Breitschwerdt on Posted in Contracts, Europe, Germany
Unlike in the U.K. and other EU member states, zero hours contracts are not (yet) common practice in Germany. To date, other arrangements aimed at achieving “flexible working” such as fixed-term or part-time contracts, secondment of personnel and – more recently – contracts to provide services have been more widespread. However, as German case law … Continue reading

Fair P(l)ay in Germany? – What measures are in place (or proposed) to address gender pay inequality in the workplace

Global Workplace InsiderBy on Posted in Discrimination and harassment, Europe, Germany
This post was also contributed by Ebru Tirel, Trainee, Norton Rose Fulbright LLP (Munich). In Germany, “Equal Pay Day” is widely observed. It marks the day from which women are deemed to start to earn wages in that calendar year, where men have started to earn wages since January 1st. This year, Equal Pay Day was … Continue reading

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

Photo of Norlynn Price (US)By Norlynn Price (US) on Posted in United States
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 — … Continue reading

Rechtsprechungsänderung: Keine Urlaubskürzung wegen Elternzeit nach Beendigung des Arbeitsverhältnisses

Global Workplace InsiderBy on Posted in Europe, Germany
Das Bundesarbeitsgericht änderte mit Urteil vom 19.05.2015 seine Rechtsprechung zur Kürzung von Urlaubsansprüchen, die während einer Elternzeit entstehen. Grundsätzlich entsteht auch während einer Elternzeit eines Arbeitnehmers ein Urlaubsanspruch. Endet das Arbeitsverhältnis nach Ablauf der Elternzeit, steht dem Arbeitnehmer ein Abgeltungsanspruch für den nicht genommenen Urlaub in Geld zu. Das bedeutet beispielsweise, dass der Arbeitnehmer, der … Continue reading

Employers must provide Family Medical Leave Act benefits to same-sex married couples starting March 27, 2015

Photo of Norlynn Price (US)By Norlynn Price (US) on Posted in United States
On March 27, 2015, employers must provide FMLA benefits to same-sex couples who are legally married regardless of whether the employee lives in a state that recognizes same-sex marriage. What is the FMLA? The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. More specifically, eligible employees may take … Continue reading

Potential change in US pregnancy discrimination law: Young v. UPS

Photo of Kimberly Cheeseman (US)By Kimberly Cheeseman (US) on Posted in United States
A potential change is on the horizon for United States pregnancy discrimination law. In the past decade, pregnancy discrimination charges have increased by 35 percent. See Pregnancy Discrimination Charges, US Equal Opportunity Comm’n. Recently, the EEOC’s General Counsel stated that pregnancy discrimination was one the “areas” in which employers “need[ed] to remind themselves of the law, … Continue reading

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

Photo of Pierre-Etienne MorandBy Pierre-Etienne Morand on Posted in Canada, General, Québec
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) … Continue reading

Annual leave and employee’s protection following her maternity leave

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
The legal context French employment law provides for comprehensive and extensive protection of pregnant employees. In particular, the dismissal of employees is absolutely prohibited during maternity leave; and is prohibited during pregnancy or for employees having just returned to work following maternity leave (within four weeks following the end of maternity leave) except in case … Continue reading

Paternity leave for fathers extended

Photo of Henry PalmenBy Henry Palmen on Posted in Europe, The Netherlands
The Dutch government recently decided to extend paternity leave arrangements for fathers. This gives the father the opportunity to spend a full working week with his child, which (according to a study by the OECD) would increase his involvement in the raising and care of the child. It is important for employers to be prepared … Continue reading

Family Associated Leaves under the Canada Labour Code

Global Workplace InsiderBy on Posted in Canada, North America
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 … Continue reading
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