WO toolkit 2012 complete.pdf - GMB

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SECTION 5.18 GROUP THREE MATERNITY&PARENTAL RIGHTS 18. Can I take maternity leave? All women employees are entitled to 52 weeks maternity leave whatever their length of service or the number of hours worked.Maternity leave is divided into two parts Ordinary Maternity Leave(OML), which covers the first 26 weeks,and Additional Maternity Leave(AML)which covers the remaining 26 weeks.Your rights are different during the two periods of leave. Your leave can start at any time after the 11th week before the expected week of childbirth.It is up to you to decide when you start your maternity leave,so long as the start date is after the 11th week before your due date.The latest maternity leave can start is the date your baby is born.You count your 26 weeks from the date you start your leave.To take maternity leave you should: • Notify your employer(a)that you are pregnant(b)the expected week of childbirth and(c)the date on which you intend leave to start,before the end of the 15th week before your due date.Your employer can ask you to put this information in writing. • You can amend the intended start date of your leave with at least 28 days notice where reasonably practicable. • Your employer must inform you in writing of your leave period and expected week of return within 28 days of your providing notice.Your employer should assume you will take AML and give you a return date that is 52 weeks from the date you intend to start maternity leave. • If no earlier than fourteen weeks before the expected week of childbirth,your employer asks,you must supply a medical certificate(Mat B1)stating the expected week of childbirth.If you do not intend to return,but still qualify for the pay,the Mat B1 need not be given until after what would have been the end of the 3rd week of OML.You can get the Mat B1 from your midwife after the 20th week of pregnancy. You need not give notice of return to work from OML or AML,unless you wish to return earlier than your full leave entitlement.In that case,you have to give eight weeks notice of the revised date of your return.If you do not give eight weeks notice,your employer can postpone your return until eight weeks notice has passed. OML includes two weeks Compulsory Maternity Leave(CML)after childbirth(four weeks if you work in a factory).CML means you cannot do any work or even be contacted about work though your employer can contact you,for example,to offer congratulations etc. There are two instances where maternity leave is automatically triggered • where your baby is born before you are due to start leave and • where you are absent from work for a pregnancy related reason(e.g.pregnancy related sickness or a possibly a health and safety suspension)after the fourth week before the expected week of childbirth. If either of these occurs,the notice provisions are adjusted.You must,nevertheless,tell the employer as soon as you can. Where agreed between the employee and employer,an employee can carry out up to 10 days work for her employer during her statutory maternity leave period without bringing her maternity leave to an end.These will be known as“keeping-in-touch days”.The keeping-in-touch days do not have to be consecutive.They can be used for any work-related activity including training,conferences or meetings.The regulations do not say anything about how much an employee should be paid for working,so it will be a matter for agreement between you and your employer.The minimum that you must receive for the week in which the keeping-in-touch day falls is the SMP rate you are entitled to for that week.If your employer pays you any extra contractual pay your employer is entitled to offset it against any SMP paid for that week.When agreeing your rate of pay for keeping-in-touch days,your employer should make sure they comply with rules on the National Minimum Wage and equal pay.
SECTION 5.18 Complaints about failure to allow you to take or return from maternity leave should be made to an Employment Tribunal.A three months time limit for making a complaint generally applies.Before making a claim you must put your grievance in writing to your employer.The time limit for bringing a claim will then be extended by another three months. If you are dismissed because you are pregnant,have taken maternity leave or for another reason related to your pregnancy,you can make a claim for unfair dismissal and sex discrimination,even if you have not worked for your employer for a full year(see 20 Am I Protected From Dismissal or Detriment During Maternity?). Note that you are also entitled to four weeks Parental Leave a year and this may be taken after Maternity Leave(see section 23) REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
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GMB WORKPLACE ORGANISERS TOOLKIT
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Acknowledgements: This toolkit has
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CONTENTS 1. Your role 1.1 Training
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WORKPLACE ORGANISERS TOOLKIT SECTIO
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SECTION 1.1 The course ends with GM
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SECTION 1.2 WHAT DOES A GMB WORKPLA
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SECTION 1.3 Non-recognised companie
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SECTION 2.1 ORGANISING YOUR WORKPLA
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SECTION 2.2
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SECTION 2.3 KEEPING MEMBERS UP TO D
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GMB@ PUTYOUREMPLOYER’S NAMEHERE P
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SECTION 2.4 USING YOUR WORKPLACE MA
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SECTION 2.4 WORKPLACE ADDRESS Depar
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SECTION 2.5 CONTACTING NEW STARTERS
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SECTION 2.6
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SECTION 2.6 MEMBERSHIP TRANSFER NOT
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SECTION 2.7 CAMPAIGNING We are best
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SECTION 2.8 HANDLING OBJECTIONS One
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SECTION 2.8 I’ve worked here for
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SECTION 2.9 GETTING HELP:BUILDING Y
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SECTION 2.10
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SECTION 3.1 REPRESENTING YOUR MEMBE
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SECTION 3.1 COLLECTIVE BARGAINING G
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Page 68 and 69: SECTION 4.3 DEALING WITH MEMBER’S
Page 70 and 71: SECTION 4.3 Keep careful notes You
Page 72 and 73: SECTION 4.3 REQUESTING A POSTPONEME
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Page 80 and 81: SECTION 4.5 APPEALS You should also
Page 82 and 83: SECTION 4.5 REQUEST FOR APPEAL HEAR
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Page 88 and 89: SECTION 5 LIST OF STATUTORY AMOUNTS
Page 90 and 91: SECTION 5.2 2. What are the maximum
Page 92 and 93: SECTION 5.3 Exemptions Drivers of v
Page 94 and 95: SECTION 5.5 5. Am I entitled to hav
Page 96 and 97: SECTION 5.7 7. Can my employer char
Page 98 and 99: SECTION 5.9 9. What is a risk asses
Page 100 and 101: SECTION 5.11 11. Can my employer ch
Page 102 and 103: SECTION 5.13 13. Am I entitled to a
Page 104 and 105: SECTION 5.15 15. Is everyone entitl
Page 106 and 107: SECTION 5.16 16. Am I entitled to b
Page 110 and 111: SECTION 5.19 19. Can I get maternit
Page 112 and 113: SECTION 5.20 20. Am I protected fro
Page 114 and 115: SECTION 5.21 If you want to change
Page 116 and 117: SECTION 5.22 Your employer is oblig
Page 118 and 119: SECTION 5.24 24. What rights do I h
Page 120 and 121: SECTION 5.25 25. Can I take paid ad
Page 122 and 123: SECTION 5.26 While on paternity lea
Page 124 and 125: SECTION 5.27 You may be entitled to
Page 126 and 127: SECTION 5.28 • You are entitled t
Page 128 and 129: SECTION 5.30 30. How much sick pay
Page 130 and 131: SECTION 5.31 If your companion is n
Page 132 and 133: SECTION 5.32 Even if your employer
Page 134 and 135: SECTION 5.34 34. How much notice mu
Page 136 and 137: SECTION 5.35 If you are dismissed b
Page 138 and 139: SECTION 5.37 37. How much notice do
Page 140 and 141: SECTION 5.39 39. Who pays my redund
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Page 146 and 147: SECTION 5.43 43. Do workplace organ
Page 150 and 151: SECTION 6 ABOUT GMB Although it is
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SECTION 7.3 action to resolve them.
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SECTION 7.3 no action urgent commen
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SECTION 7.3 The questions on the pr
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SECTION 7.3
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SECTION 8 PENSIONS INFORMATION Pens
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SECTION 8 Carer’s Allowance-If yo
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SECTION 8 GOOD CONSULTATION PRACTIC
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EQUALITY THROUGH INCLUSION SECTION
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SECTION 17.2 Deaf and deaf “deaf
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SECTION 17.2 EQIA Section 75 of the
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SECTION 17.2 Harassment Unwanted be
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SECTION 17.2 Positive Action Action
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SECTION 17.2 Transsexual(or trans)p
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SECTION 17.3 EQUALITY LEGISLATION:A
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