Tag archives: Paternity Leave

“Daddy day-care” some highlights on paternity leave

In November 2015 the Labour Laws Amendment Bill (the Bill) was tabled to parliament.  The Bill was adopted with the intention of amongst others, regulating (and extending) paternity leave.  As of 22 August 2018, the Bill has been passed by the National Assembly and the National Council of Provinces. All that remains is authorisation and signature by the President.

What is the current leave entitlement?

As it stands, adoptive parents and commissioning parents are not included in the definition of parents in terms of the family responsibility leave provisions of  section 27 of the Basic Conditions of Employment 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

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

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 Directive 97/81/EC into German law in 2001, an enforceable right for current full-time employees to switch to part-time work exists in Germany. Besides this, employees with children (under the age of eight) may additionally claim the right to part-time parental leave.

Although employers … Continue Reading

What rights and protections are there for workers on zero hours contracts in 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 and legislation are gradually restricting the flexibility once offered by these arrangements, zero hours contracts are increasingly being used in Germany (in particular with regard to care workers, teachers, and paramedics).

Typical provisions which can be found in employment contracts read for example:

“The working Continue Reading

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

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 on 19 March.

According to a report of the German Federal Statistical Office DESTATIS dated 16 March 2016 regarding the gender pay gap in 2015, women earn 21 percent less than men. This inequality is due to various factors: Women often choose professions in … 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

Time to extend shared parental leave in SA?

This article was written by Amelia Berman, an Assosciate at Norton Rose Fulbright South Africa

On 5 April 2015 the UK law on shared parental leave came into effect in the United Kingdom, affording parents of a newborn child or an adopted child up to fifty weeks of leave and thirty seven weeks of pay which can be shared between parents. This parental leave is in addition to the compulsory initial two weeks leave afforded to the mother.

Shared parental leave, a concept which already exists in many Scandinavian countries, can be taken for one period, or split into different … 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

Working fathers expect to have paternity leave entitlement in Hong Kong soon

In the absence of mandatory paternity leave, balancing work and family life has been a challenge for working parents with a newborn, or for parents-to-be, in Hong Kong.

Currently, only male government employees are entitled to a 5-day paternity leave on full pay. If a male employee working in the private sector wishes to take time off to care for his newly born child or his spouse, he will have to utilize his annual leave or seek other applicable leave,such as compassionate leave. Male employees may be reluclant to seek such leave for fear of risking their job security or … Continue Reading

Paternity leave for fathers extended

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 for an increase in absence due to paternity leave. Most fathers make use of the current two-day period and it is likely that this will be extended to the full five days in most cases. I summarise the most important changes below.

Changes

  • The paternity
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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.

Continue Reading

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

New parental leave entitlements for dads and partners from 1 January 2013

Eligible dads and partners in Australia now have access to paid leave from the Federal Government under amendments to the Paid Parental Leave Act 2012.

Dad and partners pay is a payment of up to two weeks pay from the Federal Government, calculated at the National Minimum Wage. It is available to eligible dads and partners (including partners in same sex relationships) who take leave to care for a baby or newly adopted child. The scheme commences for babies born or children adopted after 1 January 2013.

Eligibility criteria

In order for a dad or partner to be … Continue Reading

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