Knowledge November 4 – issues around the return to work

Welcome to the fourth (and last) in our series Knowledge November – our video and notes focus on issues that might arise around the return to work under Shared Parental Leave.  Remember, if you have questions at the end, just ask and then check out the answers on our web site!

Watch Anna’s video about issues surrounding returning to work under the Shared Parental Leave legislation.

Can a woman claim she is being treated detrimentally if she returns to work and is then unwell?

A woman returned to work after 10 weeks maternity leave because her partner was going to take Shared Parental Leave thereafter. Can she claim she has been treated detrimentally because of pregnancy and maternity leave if she then becomes unwell, for example with post-natal depression and feels she is being treated detrimentally?

You will recall from maternity law that the protected period for ladies taking maternity leave ends when their maternity leave ends. Once they are back at work you are entitled to manage their absence in the usual way, as confirmed by the case of Brown v Rentokil in 1998. This is the case even if the absence has some link back to the pregnancy such as post-natal depression, as confirmed by the case of Lyons v DWP in 2013.

Provided the absence management procedures applied to this lady are exactly the same as you would apply to a man who is off work for the same amount of time, there will be no sex discrimination and this employee will not have any grounds for complaint.

Further reading

If you want to read more information about this topic you might like to try the following:

ACAS article on Shared Parental Leave and pay

ACAS Good Practice Guide on Shared Parental Leave

Department for Business Innovation and Skill – Employers Technical Guide to SPL and Pay

Do you need a Shared Parental Leave Policy?

Given that this is a hot topic, Anna will continue to draft a Shared Parental Leave Policy for your company at a special price of £199 + VAT for all instructions received up until 31st December 2014.

“Really comprehensive and thorough. It’s a great ‘how to do it’ for the HR team!” (Gyrus Medical)

Email Anna for more details

Are you ready?

The earliest notices that employers may receive may be as early as January 2015 therefore employers need to get their policies and procedures in place prior to then.  It won’t be enough to leave it until April when babies are being born or children are being adopted.  If you’re in any doubt email Anna.

What are your Christmas wishes?

We are always looking for ideas for training courses and services we can offer. If there’s something in particular you think you would find useful please do let Anna know.

Questions?

Email Anna for free advice on shared parental leave.  All the questions and answers will be available on our web site