Tag archives: parental leave

Good Work Plan: Government issues further response and consultation to support families and pregnant women

As part of its Good Work Plan, the UK Government has recently published a response and a consultation paper on proposals which will protect and support families and pregnant women. The first Government paper considers extending redundancy protection for women and new parents.  The second consultation looks at various proposals to support families, including a review of the various parental leaves and pay entitlements, neo-natal leave and pay and providing transparency of employer’s work-life balance policies.

Good Work Plan: Pregnancy and Maternity Discrimination Consultation

As part of the Good Work Plan, the Government has considered changes to assist pregnant women … Continue Reading

What rights does an employer have to suspend an employee in Germany?

Under German law, an employer can only suspend an employee in certain cases. One of the core obligations of the employment relationship is an obligation on the employer to provide the employee with relevant work to be performed. If it fails to do so without justification, it must nevertheless continue to pay the employee. Notwithstanding this, a mutual agreement to suspend the employee, whether paid or unpaid, is of course always possible.

Suspension without continued payment of remuneration

An employer may not suspend an employee without payment of salary unless it is explicitly provided for by law or in collective … Continue Reading

Protected species? Considering rights associated with pregnancy and parental leave in the event of redundancy

When an organisation is considering making redundancies, it is important to consider whether employees who are pregnant or on parental leave are afforded any special protections under Australian law.

Both the Fair Work Act 2009 and anti-discrimination legislation include provisions particularly relating to pregnancy and parental leave, including the right to return to the same or a similar position.  The fact that declaring a position redundant may result in the termination of an individual’s employment means consideration must be had to whether the termination employee’s employment is in fact lawful, even if there are genuine grounds for making a position … 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

What employment law changes are expected in the UK in 2017?

A number of developments in UK employment law are expected this year. This post takes a look at some of the key changes.

Mandatory gender pay gap reporting

In the UK, on average, women earn less than men. In order to address this issue, and following a lengthy consultation, draft regulations have been published which, subject to parliamentary approval, will come into force in April 2017.

Under the Regulations, private and voluntary sector employers with at least 250 employees will be required to publish annual gender pay gap figures.

Employers must publish:

  • the difference between the mean (average) hourly rate
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Modern Award Review and the push for greater rights after returning to work from parental leave

The peak union body the ACTU has submitted a claim to the Fair Work Commission in an effort to attempt to expand entitlements for workers returning from parental leave. The claim seeks to give workers the right to work part time, among other things, and not just request it in the hope that the employer will exercise its discretion to accept the worker’s request.

The proposed change would require workers seeking reduced hours to apply in writing to the employer 28 days before their scheduled return date, with the employer then having 14 days to discuss the application with the … Continue Reading

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