362 Chapter 13Employment (1): The contract of employment, employment rights and dismissal
placement. The rate of statutory adoption pay is £124.88 a week or 90 per cent of the normal
weekly wage if this is less than £124.88. Adopters have to give notice of their intention to take
adoption leave. Employers can also ask for a matching certificate from the adoption agency.
Those taking time off are entitled to contractual benefits other than pay which they would
normally receive, and have a right to return to work after the adoption leave. Employers
can reclaim about 90 per cent of money paid in adoption leave from the Government. The
statutory rates of maternity pay, paternity pay and adoption pay increase periodically.dependants Parental leave and time off for
An employee with at least one year’s continuous employment is entitled to take up to
13 weeks’ parental leave, in respect of each child, to look after his or her child or to make
arrangements for the child’s welfare. In the case of disabled children, 18 weeks’ leave per
child can be taken. In the case of twins, both parents can have 13 weeks’ leave for each child.
The leave must be taken before the child’s fifth birthday and can be taken in either long
blocks or short blocks.
All employees are entitled under s. 57A ERA 1996 to take time off work to look after
dependants in an emergency. The right can arise in the following circumstances:
(i) if assistance is needed when a dependant gives birth, is injured or assaulted;
(ii) to provide care for a dependant who is ill or injured;
(iii) when a dependant dies;
(iv) when there is an unexpected disruption or ending of arrangements for the care of a
dependant; or
(v) when an incident involving the employee’s child arises unexpectedly during school hours.
Dependants include spouses, children, parents and people who live in the same house
as the employee. It also includes people who reasonably rely on the employee. There is no
entitlement to pay during the time off.Flexible working for parents and carers
Section 80F of the Employment Rights Act 1996 has introduced a right for parents with
children under 16 years old to apply for flexible working. In the case of disabled children
the age limit is 18. The right is also available if the employee needs to look after a spouse,
civil partner, relative or person with whom the employee shares an address. Employers
have a statutory duty to consider these applications seriously but there is no automatic right
to work flexibly. However, an employer should refuse an application only if there are good
business reasons for doing so.
Only employees with at least 26 weeks’ continuous employment can apply. They must
either be the child’s mother, father, adopter, guardian or foster parent or be married to such
a person. They must be making the application so that they can care for a child for whom
they have, or expect to have, responsibility for bringing up. Only one application can be
made every 12 months and agency workers cannot apply.
The application can ask for a change of hours, a change to the times of work or to work
from home. If the application is accepted then the change will be permanent unless the
parties agree otherwise. As a change in working pattern might involve a drop in pay,
applicants need to think things through carefully before applying. Once the employer
receives a written application, a meeting with the employee must be arranged within