R75 - Parental Leave (Statutory Notification Period and Rights) Order 2020

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Andrew97
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R75 - Parental Leave (Statutory Notification Period and Rights) Order 2020

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Ministerial Report: DWP

Secretary of State: The Rt. Hon. Unown Uzer MP


Parental Leave (Statutory Notification Period and Rights) Order 2020
The Secretery of State, in exercise of the power conferred by section 71 of the Employment Rights Act 1996 makes the following Order:-

1. Parental Leave Period and Pay
(1) This chapter applies equally to one person taking leave as it does to two.
(2) The nominated person(s) is permitted to take up to severity-eight weeks off, distributed however they wish given that:
(a) When calculating weeks off, only whole weeks may be awarded. A week shall be Sunday - Saturday unless the employer notifies the Secretary of State and the employee that they intend for weeks to begin and end on different days.
(b) Any person taking leave under this Act must take a minimum of five-weeks paid leave.
(c) Notice of intended leave dates must be made available to the employer at least twenty-eight days prior to the leave beginning.

(3) The nominated person(s) is permitted to take up to forty paid weeks off, distributed however they wish given that:
(a) When calculating weeks off, only whole weeks may be awarded. A week shall be Sunday - Saturday unless the employer notifies the Secretary of State and the employee that they intend for weeks to begin and end on different days.
(b) Notice of which weeks are to be paid must be made available to the employer at least twenty-eight days prior to the leave beginning.

(4) An employee may, with fifty-six days notice to their employer, may bring their parental leave to an end earlier than they had previously notified them that said leave would be.

(5) An employee may, with twenty-eight days notice to their employer, extend their leave beyond the end date of their initial notification. Provided there are still weeks left that may be used.

(6) An employee may return to work for any period within fourteen months from the birth of the child, said returning to work shall not prevent the employee from continuing to take maternity leave at a later date.




2. Birthing Leave Period and Pay
(1) Post-natal birthing leave shall last ten days which:
(a) shall commence the day the employee enters labour; and,
(b) shall be paid at the same rate of pay the employee would receive if they were in work.

(2) Pre-natal birthing leave shall consist of four days, but may be extended on medical advice.

(3) Pre-natal birthing leave may only be used to attend medical appointments related to the pregnancy.

(4) A baby being stillborn shall not invalidate birthing leave being taken.

3. Entitlement to statutory shared parental pay

(1) Replace Regulation 4 in The Statutory Shared Parental Pay (General) Regulations 2014 with:

4. Entitlement to statutory shared parental pay
(1) M, or as the case may be P, is entitled to statutory shared parental pay (birth) if they satisfy the conditions specified in paragraph (2)

(2) The conditions referred to in paragraph (1) are that—
(a) M satisfies the conditions as to continuity of employment and normal weekly earnings specified in regulation 30;
(b) M has at the date of C's birth the main responsibility for the care of C (apart from the responsibility of P);
(c) M became entitled by reference to the birth, parental order or adoption order or expected birth, parental order or adoption order of C to statutory shared parental pay in respect of C;
(d) M has complied with the requirements specified in regulation 6, except for 6(3)(a) in the case of a single parent;
(e) it is M's intention to care for C during each week in respect of which statutory shared parental pay (birth) is paid to her;
(f) M is absent from work during each week in respect of which statutory shared parental pay (birth) is paid to her (except in the cases referred to in regulation 15 (entitlement to shared parental pay: absence from work)); and
(g) where M is an employee (within the meaning of the Employment Rights Act 1996) M's absence from work as an employee during each week that statutory shared parental pay (birth) is paid to her is absence on shared parental leave in respect of C;
4. Repeals
(1) Part 2 of The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014 is repealed.
(2) In The Statutory Shared Parental Pay (General) Regulations 2014:
(a) Regulations 5, 7, 8, 10, 11 are repealed;
(b) In Regulation 6, the words “that P meets, or will meet, the conditions in regulation 4(3) (conditions to be satisfied by P);” shall be substituted for “That P meets, or will meet, the conditions in regulation 4”.
(3) Part 2 of The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 is repealed.
(4) Parts II and III of The Maternity and Parental Leave etc. Regulations 1999 are repealed.



notes
This Order makes provisions for the current regulations to work for the amended Act. For the most part, regulations relating to dismissal and pay remain functional, with the only changes needed those being the changes that reflect the change in length of the parental period and the gender neutralising of parental pay, allowing the father to be the sole claimant.

The amendment that necessitates this Order

The regulations IRL are currently as follows

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Miss Maddie
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Automatic nay because I didn't like the original bill. Mandatory minimums is not something I support either.
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Aph
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(Original post by Miss Maddie)
Automatic nay because I didn't like the original bill. Mandatory minimums is not something I support either.
Well the original bill is law and as your dear deputy likes to remind people, without these regs, there are no other regulations applying things like mandatory notice period.

Can you explain what you mean by mandatory minimums?
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CatusStarbright
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Hopefully this fills in any relevant gaps.
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El Salvador
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I'm of course supportive of this.
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Rakas21
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Mr Speaker, this Report has my support.
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Jammy Duel
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I'm surprised Aph didn't just copy and paste all the RL regulations and change a few bits to make it look good as is his usual MO.

Repeal of the original Act is a far better solution given this remains woefully inadequate given the government seems to believe that 40 pages of regulations can be replaced with 1 and while it is often the case that regulations can be shortened and simplified one has to question whether 40 to 1 for exactly the same thing but with a different name is actually a good idea.
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Aph
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(Original post by Jammy Duel)
I'm surprised Aph didn't just copy and paste all the RL regulations and change a few bits to make it look good as is his usual MO.

Repeal of the original Act is a far better solution given this remains woefully inadequate given the government seems to believe that 40 pages of regulations can be replaced with 1 and while it is often the case that regulations can be shortened and simplified one has to question whether 40 to 1 for exactly the same thing but with a different name is actually a good idea.
One finds that much of the original SIs actually are made by different acts. Of those that needed changing, many of them repeated the same thing but replacing maternal with paternal or parental as appropriate.

Indeed, you will notice that three current regulations that affect maternity leave are actually made before the 96 act on the matter, but still have legal effect.
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Jammy Duel
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(Original post by CatusStarbright)
Hopefully this fills in any relevant gaps.
Nowhere near, most of this is what it is replacing:
https://www.legislation.gov.uk/uksi/...0143050_en.pdf

40 pages being condensed down into 1 page, maybe 2. Let's call that 40 pages 30 when we take into account the contents, explanatory note, etc
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Aph
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(Original post by Jammy Duel)
Nowhere near, most of this is what it is replacing:
https://www.legislation.gov.uk/uksi/...0143050_en.pdf

40 pages being condensed down into 1 page, maybe 2. Let's call that 40 pages 30 when we take into account the contents, explanatory note, etc
Hang on, have you not noticed that we are keeping pretty much all of that but amending and repealing relevant sections? Have you actually read this? Just because the act was amended doesn't mean that all orders made because of the act are repealed, only if they are inconsistent with the act.
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04MR17
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Very happy to support this MR
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Jammy Duel
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(Original post by Aph)
Hang on, have you not noticed that we are keeping pretty much all of that but amending and repealing relevant sections? Have you actually read this? Just because the act was amended doesn't mean that all orders made because of the act are repealed, only if they are inconsistent with the act.
And repealing the parts of an act that an order applies to doesn't make them inconsistent?

If it ain't broke don't fix it, repeal the original act and you fix what you broke.
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Andrew97
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The item has entered cessation. The contents will pass in 7 days unless one of the following send it to divison.

The Minister responsbile: Unown Uzer
The PM: El Salvador
The LoTo: JMR2020.
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CatusStarbright
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The cessation period has concluded. The contents of this MR have passed.
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