WO toolkit 2012 complete.pdf - GMB

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SECTION 5.25 25. Can I take paid adoption leave? Adoption leave was introduced in April 2003.Ordinary adoption leave(OAL)lasts for 26 weeks.You can also take up to a further 26 weeks of additional adoption leave(AAL).Only one parent of an adopted child can take adoption leave,however the other could take parental leave or paternity leave for adopters.So joint adopters can choose who takes adoption leave and who takes paternity leave. To qualify you must: • Be an employee i.e.someone with a contract of employment.So some agency,casual and temporary workers may be excluded. • Have been told that you have been matched by an adoption agency with a child,and • Have told the agency that you agree to the proposed placement,and • Have been continuously employed for 26 weeks by the date when you are notified of being matched with a child for adoption. You can start the leave: • From the actual date of the child’s placement,or • From a pre agreed date specified in the notice sent to your employer. Within seven days of being matched for adoption you must give your employers a written notice which states: • The date on which placement is expected,and • Whether you want to start the leave when the placement begins or another date. You can vary this date by giving 28 days notice.Your employer can ask for evidence that you are adopting including details of the adoption agency,the date of placement etc. Your employer may pay contractual adoption leave pay or you may be entitled to statutory adoption pay(SAP).SAP is paid for 39 weeks.You are entitled to £112.75 a week or 90 per cent of your pay, whichever is the lower. Your contract continues in some or all respects depending on whether you are on OAL or AAL. • During the 26 weeks of OAL all contractual rights,except pay,continue to accrue as normal e.g. seniority and holidays accrue. • During AAL your contract is suspended for all rights except notice,redundancy compensation,and disciplinary or grievance procedures,and the duties of trust,confidence and good faith.So seniority and pension rights pay increments do not accrue. • OAL and AAL both count as service for gaining employment protection rights including holidays under the Working Time Regulations. • Pension contributions and pensionable service in occupational pension schemes continue during OAL,but calculated by reference to actual adoption pay and not normal pay.In money purchase schemes only the amount of contribution actually paid will count. You are entitled to return to the same job if you return after only taking OAL.If you return after AAL, you still have the right to return to the same job,unless it was not reasonably practicable for your employer to keep the job for you.If it is not reasonably practicable you must be offered a similar job– one that is the same kind,in the same place,and in the same capacity.If your job has been made redundant during OAL or AAL your employer must offer you any suitable alternative vacancy on broadly comparable terms. You are entitled to carry out up to 10 days of work or training during adoption leave for the purpose of “keeping in touch”with the workplace. It is automatically unfair to dismiss you or subject you to any detriment for requesting or taking adoption leave.Any claim must be made to an employment tribunal within three months. REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
SECTION 5.26 26. Can I take paid paternity leave? The right to paid paternity leave was introduced in April 2003.It is the right to be“absent from work for the purpose of caring for a child or supporting the child’s mother”. To qualify for paternity leave you must be: • An employee i.e.someone with a contract of employment.So some casual,temporary or agency workers may not qualify,and • The biological father,or • The husband of the child’s mother,or • The partner of the child’s mother(this is defined as a person,whether of a different sex or the same sex,who lives with the mother in an enduring family relationship but is not a blood relative. You must also: • Have been continuously employed for 26 weeks by the end of the 15th week before the EWC(if the baby is born early,but the qualifying condition would otherwise have been met,you still qualify); • Still be employed by your employer up to the child’s birth; • Have or expect to have responsibility for the upbringing of the child where you are the biological father; • Have or expect to have the main responsibility(apart from the responsibility of the mother of the child)where you are the mother’s husband or partner but not the father of the child. You can choose to take either one or two consecutive weeks’paternity leave.You cannot take the leave at separate times.Leave must be taken within 56 days of the birth.If the baby is born prematurely you can take leave at anytime from the actual date of birth to up to 56 days after the original EWC. You can choose whether leave starts from: • The actual day of the child’s birth/next working day,or • A day falling a specified number of days after the birth,or • A pre-set date after the EWC(but within 56 days of it). You must give your employer notice of your intention to take paternity leave before the end of the15th week before the baby is due.You must provide the following information: • The EWC,and • Whether you want to take one or two weeks leave,and • The start date of the leave.You can vary this date by giving 28 days notice. If you qualify,you will be entitled to statutory paternity pay(SPP)of £112.75 a week or 90 per cent of your normal weekly average pay,whichever is the lower,during your paternity leave.To qualify for SPP your average weekly earnings must reach the lower earnings limit for national insurance,(£87 a week currently).The service qualification is the same as for paternity leave.Agency workers,while not qualifying for leave may qualify for SPP. To claim paternity pay you must provide your employer with a signed declaration confirming your entitlement i.e.your relationship to the child or its mother,that you have responsibility for the child’s upbringing and that you are taking leave to care for the child or its support the mother,The Inland Revenue produce a model self-certificate Form SC3 which can be used to give notice(web link: www.inlandrevenue.gov.uk/forms/sc3.<strong>pdf</strong>.)You can use this form to provide notice for leave and pay at the same time.In that case the latest you can give it to your employer is the end of the 15th week before the baby is due.
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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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SECTION 3.2
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SECTION 4.1 REPRESENTING INDIVIDUAL
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SECTION 4.2 GMB RECOGNISED WORKPLAC
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SECTION 4.3 DEALING WITH MEMBER’S
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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
Page 86 and 87: SECTION 5 GROUP FIVE: DISCIPLINE AN
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 108 and 109: SECTION 5.18 GROUP THREE MATERNITY&
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 122 and 123: SECTION 5.26 While on paternity lea
Page 124 and 125: SECTION 5.27 You may be entitled to
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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
Page 142 and 143: SECTION 5.40 AGE (years) SERVICE (y
Page 144 and 145: SECTION 5.41 GROUP SEVEN UNION RIGH
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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Page 160 and 161: SECTION 7.3 action to resolve them.
Page 162 and 163: SECTION 7.3 no action urgent commen
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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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