Employers must ensure that employees on maternity leave who are at risk of redundancy are treated lawfully and fairly. This means offering suitable alternative employment to the employee. Since 1999, employees on maternity leave have had the right to be offered suitable alternative employment if such a situation arises. Pregnant employees and those taking maternity, adoption, or shared parental leave have special rights in a redundancy situation.
The new law extends redundancy protections for pregnant employees and those on maternity, shared parental, or adoption leave from April 2024. The alternative job must be suitable and appropriate for the employee in the circumstances, no less favorable than their previous job. The alternative employment must be offered before the end of the employee’s existing contract and start immediately on the end of the old contract.
If an employee is on maternity leave, their employer must consider them for suitable alternative employment even if they are on a fixed-term contract. Pregnant employees and those taking maternity, adoption, or shared parental leave are protected against redundancy. Employers must offer a suitable alternative job if they are on or have recently taken maternity leave or other types of parental leave. If other employees are also being made redundant, the employee on maternity leave must be given first refusal of any alternative vacancies over the existing contract.
Suitable alternative employment refers to a job reasonably comparable to the employee’s previous role in terms of skills, pay, location, and location.
📹 Maternity leave, redundancy and suitable alternative employment
Our latest video covers the issue of redundancy during maternity leave.
What is the most common maternity leave?
Maternity leave duration varies depending on the benefits and the ability to afford unpaid time off from work. The average time off for working U. S. women after having a baby is 10 weeks. The Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid, protected time off, but only about 60% of U. S. employees qualify for FMLA benefits. Many families cannot afford to take three months without receiving a paycheck, leading to shorter maternity leaves.
A study reported that 23% of employed U. S. women return to work within ten days of having a baby. The length of maternity leave depends on the individual’s circumstances and the amount of time they can afford to take unpaid time off.
Can I lose my job if I’m pregnant?
The EEOC enforces three federal laws to protect job applicants and employees who are pregnant. The first law is Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination, including pregnancy discrimination. This discrimination can be based on current, past, potential, medical conditions related to pregnancy or childbirth, abortion, or contraception. The EEOC enforces these laws to ensure equal treatment for all individuals, regardless of their pregnancy status.
What is the meaning of alternative employee?
An alternate employee is defined as an individual who provides services to the client in the event that the regular employee is on leave or otherwise unable to perform their duties. The term “state employee” is defined in § 51. 1-124 of the relevant legislation. 3. A substitute employee is an individual who is employed to fulfill the responsibilities of a particular position in the event of the regular employee’s temporary unavailability. A participating employee is defined as an individual whose plan has been formally approved by their employer.
Can I be made redundant if I’m pregnant?
The Employment Rights Act of 1996 requires that employers provide an alternative position for pregnant employees and new parents facing redundancy. This ensures that they are legally classified as employees and able to take maternity, adoption, or shared parental leave.
What is the additional maternity leave?
In the event that an employee takes more than 26 weeks of additional maternity leave, they are entitled to return to their position with the same terms and conditions that were in place prior to their leave. In the event of substantial alterations, an alternative position may be offered with comparable remuneration, benefits, vacation allowance, tenure, and geographical location. This leave is considered to be additional maternity leave in accordance with the relevant legislation.
What defines alternative work?
Alternative work arrangements are flexible schedules and workplaces that differ from traditional work arrangements, such as Monday to Friday shifts. These arrangements have gained popularity in the past 3-4 years, as employees seek workplaces that promote flexibility and effective time management. Currently, these arrangements are permitted in the U. S. and European countries. Employees can telecommute to the office, work from home, communicate with their workgroup via email, fax, or phone, use compressed workweeks, or flexitime. These arrangements can lead to cost reduction, improved public relations, employee retention, and a more productive work-life balance.
Can you be turned down for a job due to pregnancy?
The Pregnancy Discrimination Act of 1978, part of the Title VII of the Civil Rights Act of 1964, prohibits employers with 15 or more employees from discriminating against women based on pregnancy, childbirth, or related medical conditions. This law applies to employers with 15 or more employees, allowing smaller businesses to discriminate against pregnant job applicants. The New York State Human Rights Law further protects pregnant job applicants, recognizing pregnancy discrimination as a form of gender-based discrimination in employment, housing, and public accommodations. Employers cannot make employment decisions based on pregnancy.
What is suitable alternative employment era?
The Employment Rights Act 1996 allows employers to avoid liability for redundancy payments if they offer suitable alternative employment to an employee whose job has become redundant. However, this liability is not limited to statutory redundancy pay. The employer must offer suitable alternative employment, even if the employee has no interest in the new job. Even inviting employees to re-apply for available jobs is not enough; if the employee fails to apply for any job, the employer is unlikely to escape the liability to make a redundancy payment.
What are alternative positions?
An alternative position must be equivalent in terms of qualifications, remuneration, benefits, schedule, tenure, and appointment to the individual’s permanent position. However, it may be less physically demanding or require less contact with the individual or the public. The feasibility of an alternative position is determined by the supervisor, but the request for consideration is made by the employee.
What is considered a suitable alternative role?
If you are legally classified as an employee, you may be eligible for suitable alternative employment. If there is a suitable alternative role, your employer must offer it to you or someone else being made redundant. If multiple employees are interested in the same role, your employer must offer it to those who are pregnant or taking maternity, shared parental, or adoption leave, and follow a fair process for all other employees, such as holding interviews.
What is the meaning of alternative employment?
The term “alternative employment” encompasses any remunerative form of work, including positions as an employee, consultant, agent, partner, or sole proprietor.
📹 Offering Suitable Alternative
What happens if you offer an employee a ‘suitable alternative’ role during a redundancy process and it doesn’t work out? Can you …
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