15th September 2014

INFORMATION

UPDATE

 Issue No.  2014/14

 Sentient
              

 

Time off for Antenatal Visits - New Rights

Most recent publicity regarding ‘Family Friendly’ rights has been on the topic of shared parental leave rights due in April 2015; BUT did you know a new statutory right sneaks into place next month?  From 1st October 2014 employees and agency workers who are in a “qualifying relationship” with a pregnant woman will have the right to take time off to attend antenatal appointments. This new right applies from day one of employment, so no continuous period of employment is required.

Who qualifies?

Employees and agency workers who are considered to be in a qualifying relationship for the purposes of this new statutory right include:

  • A pregnant woman’s husband, partner or civil partner
  • The father of the child
  • Intended parents in a surrogate situation who meet specified conditions

It is therefore possible that a woman’s partner may qualify for time off even if he is not the child’s natural father.

Restrictions

There are some restrictions to this right:

  • Those who qualify for time off only have the right to attend two antenatal appointments and they can’t take more than six and a half hours for each one.
  • The appointment must also have been made on the advice of a registered medical practitioner; midwife; or nurse.

Whilst pregnant employees have the statutory right to reasonable time off work with pay to attend their antenatal appointments those who are in a qualifying relationship with a pregnant woman have been given no corresponding right to be paid during this time. We suspect this will mean a low take-up.

Asking for proof

As the antenatal appointment relates to the mother, asking for proof of the appointment from the employee (an appointment card for example) will not be possible. However, you will be able to require the employee or agency worker to make a written declaration stating: 

  • They have a qualifying relationship with the pregnant woman or her expected child; 
  • They are taking the time off specifically to attend the antenatal appointment with her; 
  • The appointment has been made on the advice of a registered medical practitioner, midwife or nurse; and 
  • The date and time of the appointment.

This can be given in an e-mail. If you subsequently discover that they’ve misled or deceived you, there will be grounds for disciplinary action.

Sentient clients with access to the members' area on our website for HR / Employment documents will find an Antenatal Appointment Request Declaration Form which can be used with effect from 1st October 2014.  If you do not have access to the members' area but would like to gain access to our HR / Employment / Safety documents, please contact us to discuss how our services can benefit your business.


 

 

 

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The advice and comment in this update is not meant to be an authoritative statement of law. The articles and summaries should not be applied to any specific set of facts and circumstances without seeking further advice. Whilst every care is taken to ensure that the content is correct Sentient cannot accept responsibility for the accuracy of statements made nor the result of any actions taken by individuals after reading such.

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