Maternity Leave Legal Requirements - Helvar Limited - Case Study Example

Introduction The sta y law on employee maternity leave stipulates that pregnant employees have special rights and responsibilities. Taking into consideration the numerous amendments on these laws, quite a number of employers are ignorant of what the law actually covers. In fact employment tribunals have made remarkable awards against organizations that contravene the laws. In view of this, employers must ensure that they are aware of their duties as stipulated in the most current stipulation. Maternity leave legal requirements Every pregnant employee and new mother has rights backed by the law. In order for both the employer and the employee to be aware of their rights and responsibilities, the law makes certain clarifications as stated below: The employee has a right to a total of 52 weeks in maternity leave. Ordinary maternity leave will take 26 weeks while the remaining 26 weeks will be an addition regardless of the employee’s length of service. This exempts the employee from previous requirements that required them to have been in continuous service with the employer for 26 weeks by the 15th week before the expected day of delivery to qualify for the additional leave (OPSI, 2006). The employee has a right to be given time to attend antenatal services. Further, the pregnant employee has rights to paid offs while attending antenatal appointments. The employer on the other hand has the right to request for evidence of other appointments after the first in the form of appointment cards (OPSI, 2002). The employee has the right to maternity allowance or pay if eligible. The employee further has a right to other contractual benefits during ordinary leave and additional maternity leave excluding remuneration. As soon as possible, the employer must conduct a risk assessment on notice of the employee’s pregnancy (OPSI, 1999). This right will go hand in hand with the employer’s subsequent duty to eliminate any hazards or risk the employee’s or child’s health or take other measures to avoid such risks. The employee also has a right to be retained as an employee and not to be unfairly treated on grounds of childbirth, maternity leave or pregnancy. The employee has a right to resume work or make a request to the employer to be considered for part time work. The employee has a right to perform suitable alternative work if, for whatever reason, is unable to do her previous job. After the OML, she must have the chance to return to her previous job with its accompanying pension, seniority and other rights as they were presuming absence and on working terms and conditions that are in any way less favourable from those previously enjoyed (OPSI, 2008). The employee has a right to flexible working pattern on return to work if she so requests (OPSI, 1999). Helvar Limited’s Maternity policy verses legal requirements on maternity leave It is notable that Helvar Limited has not updated its maternity policy since June 14th, 2005. Its policy hence does not fully comply with the current statutory requirements and may therefore be regarded as a mere formal establishment rather than a practical exercise (Helvar, 2009). The current maternity leave policy differs from legal stipulation s as follows: The policy does not include certain aspects mentioned in the law; no mention is made about flexibility of working pattern after an employee returns from maternity leave. It is noted in this case that many women would wish to renegotiate their working conditions to allow flexible working hours so as to be able to fulfil family commitments. According to the 1996 Employment Rights Act, employees who have been in continuous service for at least 26 weeks have a right to negotiate for flexible working hours in order to care for children below six years or those with disabilities. Secondly, in contrast to the law, no mention is made of the KIT days in the Helvar Limited maternity policy. The current regulation introduced KIT days that make it possible for the employee to do a maximum of ten days’ work during the maternity leave for the employer without ending the maternity leave or losing legal rights to legal maternity entitlements. The current regulation also states specifically that reasonable contact between the employee and the employer during the maternity leave is permitted. This statement is not clearly discussed in Helvar Limited’s maternity policy as it remains vague and devoid of clarity (Helvar, 2009). The statement in the company’s policy fails to state which party is charged with the responsibility of initiating contact. It also does not state any importance of maintaining reasonable contact between the employer and the employee among other things. This clearly states that either party may initiate contact with an aim of discussing the employee’s resumption to work or other work related issues that are of importance to both parties. Such contact, according to the law will not imply that the maternity period is terminated (Helvar, 2009). The law requires the employer to perform safety and health checks upon taking notice of the employee’s pregnancy with an aim of assessing whether the employee’s job presents any risks to her personal health or to her unborn child (Helvar, 2009). Under the company’s maternity policy, no obligation is placed on the company to perform a pregnancy risk assessment on notice of the employee’s pregnancy. Instead the pregnant employee is required to make a formal request for the assessment if she feels at risk or fears for the safety and health of the unborn child before any remedial action can be taken (Helvar, 2009). How the company’s policy is implemented Employees are expected to discuss their impending maternity leave with their line managers for the company to be able to offer assistance in making appropriate arrangements in supporting them during their pregnancy. They are also required to arrange for a meeting with the human resources officers with the aim of discussing their maternity entitlements at the earliest possible opportunity (Helvar, 2009). The employees are required to follow proper procedures of notification for them to qualify for these benefits. First and foremost, these employees are required to inform the human resources department verbally upon discovering that they are pregnant. This differs from the general practice where employees must confirm their pregnancy and the date they expect to deliver (Helvar, 2009). The general practice requires this information to be well document in a midwife’s or doctor’s certificate. Helvar Limited requires the employee to meet all requirements before or in the 15th week before EWC. Upon receiving the notification, the company’s human resources department writes to the employee within 28 days, informing her about when the leave commences and ends, as well as her entitlements in terms of maternity payments. Once the company has agreed and set the dates for maternity leave, the employee is at liberty to bring forward or postpone the date. However, she must inform the Human Resources Department at least 28 days before the start of her leave. This is in order for the department to make appropriate arrangements concerning her job (Helvar, 2009). According to the company’s maternity leave policy, an employee may only start her maternity leave from week 29 of her pregnancy. However, she is allowed to continue with work beyond the 29th week as long as she feels fit to do so. Should she give birth before the start of her maternity leave, she is required to inform the Human Resources Department in writing about the date of the birth soonest possible. However, should pregnancy related illnesses befall the employee beyond week 36 of pregnancy, the maternity leave commences automatically. Conversely, if such an employee is not able to work as result of illness, the normal sickness procedures are applied (Helvar, 2009). After maternity leave dates have been agreed upon between the company and the pregnant employee, the human resource department or the line manager will analyze what the pregnant employee’s job entails. This is done in close consultation with the employee since she must train a temporary employee or another staff member to carry on with her job during the maternity leave. An employee who needs to go for antenatal appointments is required to in form her line manager of such an appointment well in advance. Helvar Limited is very flexible as far as antenatal appointments are concerned. It has no requirement for the pregnant employee to show proof of her appointment or give an appointment card, but it only requires the employee to inform her line manager well before the date. Helvar Limited undertakes general periodic safety and healthy checks in the warehouse and production areas. However, the company has no particular checks relating to expectant and new mothers. The company only requires the employees to inform the human resources department or the line manager in the event that they think their working conditions could affect their unborn child or themselves prior to undertaking a risk assessment. In the event that the employee’s current working conditions are not safe, the law requires the company to change her tasks. This is to prevent any probable adverse effects on the employee’s unborn child or herself (OPSI, 2008). Normally, the company does not keep in touch with employees on maternity leave unless a certain law affecting them changes. Helvar Limited also contacts its employees to confirm whether or not they will return to work after the delivery. The company’s maternity leave policy requires them to make the confirmation within two weeks after the request is made. In the event that the employee is not willing to resume work, the company requires her to give it a notice of her resignation as the employment contract stipulates (OPSI, 2008). Evaluation of the company’s policy and procedures Helvar Limited’s existing maternity policy is not up to date and therefore does not reflect the latest provisions in the law. The company’s maternity leave policy slightly diverges from the legal requirements on maternity leave (Helvar, 2009). The company policy does not say anything about such important requirements as a flexible working schedule once the new mothers return to their work. Moreover, it remains silent on employees who have young children who require to be taken care of. This is an issue because an employee who is ignorant of her entitlements and rights may not request for her working schedule to be changed upon returning from maternity leave. Helvar Limited’s policy is very mean on informing the employee on their entitlements and rights (Helvar, 2009). Additionally, the company’s procedures are very limiting, particularly for employees who do not return to their positions. The company does not adequately train the employees in their new positions prior to maternity leaves or after the leave. Moreover, there is no consideration for these employees with regard to their capabilities for their new job after maternity Moreover, keeping in touch (KIT) days have not been mentioned anywhere in the policy although he official letter that the company issues concerning maternity leave mentions it. It is worth noting that Helvar Limited is yet to implement the KIT days although it mentions it on the correspondences it gives to employees. Although KIT has not been implemented by the company, there are a number of situations that have warranted its use (Helvar, 2009). The company’s failure to implement KIT, or the employee’s decisions of not exercising their rights to it has caused a lot of difficulties for these employees particularly when it comes to settling in their new roles upon returning from maternity leave. Furthermore, Helvar’s safety and health procedures have no basis on women within the child bearing age and pregnant women as the law stipulates. It is instead based on the general safety and health procedures. This policy relieves the employer of the duty to undertake risk assessment to these employees. The policy does not give a provision for the employee to informing the employer should she see a potential risk either the health of her baby or her own. At Helvar Limited, safety and health checks are done only in the warehouses and the production areas (Helvar, 2009). In its present form, this policy cannot be treated as a consistent set of rules. Even though it addresses many of the basic requirements in law, some very important terms and conditions in the law are still missing. Helvar Limited’s maternity procedures and policy do not motivate employees on maternity leave to return to their work. On the other hand, many other companies provide this motivation in order to retain these employees by providing them with better maternity compensation conditions or arrangements (Helvar, 2009). Conclusion Helvar Limited must update its existing maternity leave policy to be at par with the legal maternity leave requirements. This is the only way to ensure fair treatment of these employees. Reference Helvar (2009) Maternity leave, retrieved from www.helvar.co.uk, on March 8, 2009 OPSI (2006) Draft Statutory Instrument 2006, retrieved from www.opsi.gov.uk, on March 8, 2009 OPSI (1999) Statutory Instrument 1999, from www.opsi.gov.uk, on March 8, 2009 OPSI (2002) Statutory Instrument 2002, retrieved from www.opsi.gov.uk, on March, 8, 2009 OPSI (2008) Statutory Instruments 2008, retrieved from www.opsi.gov.uk, on March 8, 2009 Read More