6. Parental rights

2018 ◽  
Author(s):  
Michael Jefferson
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Sex Discrimination ◽  
Parental Rights ◽  
Essential Information ◽  
Sex Equality ◽  
Flexible Working ◽  
The Family ◽  
The Right ◽  
Staying At Home

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on parental rights. Topics covered include maternity leave, parental leave, time off for dependants, and right to request flexible working. The right to shared parental leave (SPL) is singled out for detailed treatment, partly because it is fairly new, and partly because, some would say, it exemplifies an old-fashioned approach to sex equality when caring for newborns. The option as to whether her partner can share in SPL is for the mother to decide; the mother may receive (by contract) enhanced maternity pay, but there is no enhanced SPL. The effect is to reinforce the mother’s staying at home because if she goes back to work, the family will lose most of the partner’s income because the rate of pay for SPL is low, around £145 a week. The latter point is arguably sex discrimination, and during the currency of this book the Employment Appeal Tribunal will decide this issue (at the time of writing employment tribunals are split).

6. Parental rights

2021 ◽  
pp. 89-106
Author(s):  
Michael Jefferson
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Sex Discrimination ◽  
New Right ◽  
Parental Rights ◽  
Essential Information ◽  
Sex Equality ◽  
Flexible Working ◽  
The Family ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on parental rights. Topics covered include maternity leave, parental leave, time off for dependants, the right to request flexible working, and the new right of parents to bereavement leave. The right to shared parental leave (SPL) is singled out for detailed treatment, partly because it is fairly new, and partly because, some would say, it exemplifies an old-fashioned approach to sex equality when caring for newborns. The option as to whether her partner can share in SPL is for the mother to decide; the mother may receive (by contract) enhanced maternity pay, but there is no enhanced SPL. The effect is to reinforce the mother’s staying at home because if she goes back to work, the family will lose most of the partner’s income because the rate of pay for SPL is low, around £151 a week. The latter point is arguably sex discrimination, and, during the currency of this book, the Employment Appeal Tribunal will decide this issue (at the time of writing employment tribunals are split).

6. Parental rights

2017 ◽  
Author(s):  
Michael Jefferson
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Parental Rights ◽  
Essential Information ◽  
Flexible Working ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on parental rights. Topics covered include maternity leave, parental leave, time off for dependents, and right to request flexible working.

20. Family-friendly statutes

2019 ◽  
pp. 343-368
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Health And Safety ◽  
Safety Issues ◽  
Paternity Leave ◽  
Flexible Working ◽  
Family Friendly ◽  
Care Health ◽  
The Right ◽  
The Impact

This chapter looks at ‘family-friendly employment laws’ and breaks each down into its component parts. It also considers whether it is appropriate that the statute book should reflect a commitment to a ‘work-life balance’, or whether this kind of legislation in fact ignores the needs of business and therefore has a deleterious effect on the economy. It begins with a background on ‘family-friendly’ legislation. It then discusses ante-natal care, health and safety issues, maternity leave, maternity pay, paternity leave, shared parental leave, adoption leave, parental leave, time off for dependants, the right to request flexible working, the right to request time off for training and the impact of family-friendly legislation.

9. Work–Life Balance

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Work Life ◽  
Work Life Balance ◽  
Family Responsibilities ◽  
Life Balance ◽  
Flexible Working ◽  
Family Friendly ◽  
The Right ◽  
Employment Rights

This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the right to request flexible working and right to take time off work to deal with dependants.

scholarly journals Work and parenting vs. work or parenting

2018 ◽  
pp. 467-477
Author(s):  
Petar Vasic ◽  
Vera Gligorijevic
Keyword(s):  
Young Women ◽  
Maternity Leave ◽  
Population Policy ◽  
Parental Leave ◽  
Similar Amount ◽  
Previous Version ◽  
Work Arrangements ◽  
The Family ◽  
The Law ◽  
The Right

One of the two key measures to encourage birth within the Law on Financial Support to the Family with Children is salary compensation during parental leave. The very nature of maternity leave as a financial measure (based on the previous version of the Law) additionally contributed to the birth postponement in the period of stable employment. Under the conditions of high unemployment of young women, this measure seems to have deepened the problem because women were waiting for permanent employment on the basis of which they could obtain the right to maternity leave, young women often postponed birth for many years, objectively reducing the chances of conception. The new version of the Law formulates the specific conditions for gaining the right to salary compensation in a different way, which will almost certainly result in a much greater coverage by this measure. On the other hand, the method of calculating the compensation base is such that the average amount of compensation in relation to the previous version of the Law could be lower, so it can be concluded that the legislator wanted to achieve as much coverage as possible with a relatively similar amount of budgetary allocations. These amendments to the Law could have a positive effect through increased coverage and greater impact through creating a pro-family climate in a country that supports the family. Secondly, population groups that work on temporary and occasional jobs, and especially young people engaged in short-term contracts (under six months), whose work arrangements are often interrupted, will now be covered. Thirdly, the formulated conditions in this manner will potentially allow faster acquisition of the right to compensation at a lower age. Fourth, gaining rights at a lower age will potentially influence the pace of fertility and indirectly to the birth quantum. Regardless of the fact that by adopting the latest version the Law is undoubtedly improved, there is still a huge space for its significant improvement. As it was pointed out that the parental leave can have more dimensions, and that the importance of its flexibility and use by both parents is equally important for the decision to give birth, and in particular for the decision on the number and time of higher order births, it would be of great demographic significance for the system of work-parenting convergement to harmonize with the postulates of modern population policy and take into account positive experience of countries with confirmed effect on fertility as soon as possible.

scholarly journals THE POSITION OF THE CHILD IN LITIGATION PROCEEDINGS IN THE LEGAL MATTERS OF EXERCISE, DEPRIVATION AND RESTORATION OF PARENTAL RIGHTS

TEME ◽  
2020 ◽  
pp. 083
Author(s):  
Ranka V Vujović
Keyword(s):  
Legal Protection ◽  
Public Prosecutor ◽  
Parental Rights ◽  
Parent Child Relationship ◽  
Rights Of The Child ◽  
Legal Relation ◽  
Child Relationship ◽  
The Family ◽  
The Right ◽  
Procedural Rights

Numerous entities in various procedural roles participate in the litigation proceedings for the exercising, denying and restoring of parental rights. The usual classification of litigation participants into subjects in a narrow, and subjects in a broader sense, may apply to such litigations. In the narrow sense, the subjects of the litigations are the litigation court and the litigants. In a broader sense, these are all persons who in any way participate in the litigation: interveners, counsel, witnesses, expert witnesses, interpreters, translators. Some of them participate in the proceedings to protect their own, and others to protect the rights and interests of others, and some are there to provide the necessary assistance in collecting the litigation material, present evidence, etc. Pursuant to the family laws, the capacity of a party in these proceedings, through the standardization of the right to the standing to commence an action, is assigned to the child, parents, custody authority and the public prosecutor. However, these are only potential, but not necessary participants in these proceedings. The proceedings may also be initiated and conducted without all the participants of the family-legal relation participating in them. As a rule, there is no participation of the child as a party, although, essentially, the child's right to live with parents and to have (adequate) parental care is the central theme of the proceedings. In all of these litigations, in fact, legal protection is afforded to the rights of the child arising from the parent-child relationship, namely from the rights and duties of the parent towards the child. This paper critically analyzes the national regulations governing the position of the child in litigation proceedings in the legal matters of exercising, denying and the restoring of parental rights, with a view to determine whether, and to what extent, the solutions contained in those regulations comply with the postulates of a fair trial, enable the exercise of a child’s right to participate in the proceedings that are to decide on the issues that affect him/her and provide effective protection of his/her procedural rights.

scholarly journals Lessons on Parental Leave: A Comparative Analysis of Parental Leave in South Africa and the United Kingdom

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 787-805
Author(s):  
Asheelia Behari
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Comparative Analysis ◽  
Maternity Leave ◽  
Parental Leave ◽  
Primary Role ◽  
The United Kingdom ◽  
Participation Of Women ◽  
Labour Participation ◽  
The Right

Recent amendments to the Basic Conditions of Employment Act 75 of 1997 have resulted in the introduction of parental leave. This provides employees with 10 consecutive days of time off from work to care for their newborn babies and may commence from the day of the birth. The right to parental leave has the additional benefit of impacting gendered social assumptions that place women in the primary role of caregiver and a secondary role as worker. With the rise in the labour participation of women, there has been an increase in the need for the involvement of men in the caregiving and upbringing of children in the home. Although parental leave applies to men and women, it has been enacted with the objective of encouraging working fathers to participate as caregivers and to share in the burden of care placed on new mothers to care for themselves and their newborn babies during maternity leave. This article considers the effects of parental leave as a recent addition to South African law by conducting a comparative analysis with the long-established parental leave models of the United Kingdom. These include the right to parental leave that is applicable to a parent who has parental responsibility for a child, and a right to shared parental leave, which allows the mother of the child to share her maternity leave with the other parent of the child. The parental leave rights of the United Kingdom have been developed to provide employees with choice and flexibility to accommodate their caregiving responsibilities, and may indicate a trajectory for the progression of the newly enacted right to parental leave in South Africa.

Employment Law Concentrate

2017 ◽  
Author(s):  
Michael Jefferson
Keyword(s):  
Trade Unions ◽  
Employment Status ◽  
Parental Leave ◽  
Employment Law ◽  
Parental Rights ◽  
Equal Pay ◽  
Employment Contracts ◽  
Essential Information ◽  
Vicarious Liability ◽  
And Gender

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Employment Law Concentrate helps to consolidate knowledge in this area of law. This fifth edition includes updates on employment law including coverage of the National Living Wage, shared parental leave, and gender pay reporting. There are new sections on equal pay between men and women and vicarious liability in equality law. Chapters examine employment status, contracts, and pay. The volume also looks at discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally the text looks at dismissal issues, redundancy, and trade unions.

Fathers Experiencing Solo Leave: Changes and Continuities

2020 ◽  
pp. 105-118
Author(s):  
Berit Brandth ◽  
Elin Kvande
Keyword(s):  
Parental Leave ◽  
Research Question ◽  
Well Being ◽  
Hard Work ◽  
Care Work ◽  
Current Generation ◽  
Relational Competence ◽  
Primary Responsibility ◽  
The Family ◽  
Staying At Home

The research question is what fathers do when home on parental leave without the mother. During the period the quota has existed the father's quota has been substantially extended. Based on interviews with fathers, who have used 10 and 12 weeks leave, this article aims to explore how being home alone has impacted their caring practices. When the fathers describe their experiences, they focus on care work as hard work. While fathers staying at home on a shorter leave right after the introduction of the quota concentrated on taking care of their children, and housework was an area of conflict in the family, the current fathers integrate cleaning and cooking with caring. Because the current generation of home-alone fathers are home for a longer period and have the primary responsibility for their children’s well-being, they also seem to develop stronger emotional ties and relational competence.

6. Family Friendly Rights

2020 ◽  
pp. 177-201
Author(s):  
Astra Emir
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Paternity Leave ◽  
Flexible Working ◽  
Family Friendly ◽  
Eu Directives

This chapter considers various family-friendly rights designed to assist employees with parental and childcare responsibilities. These are rights such as maternity leave, including ordinary and additional maternity leave, shared parental leave, ordinary and additional adoption leave, keeping in touch days, parental leave, paternity leave, caring for dependants, and applications for flexible working. The chapter also considers which of these types of leave are paid, and if so, how much. A number of these statutory rights and relevant statutory provisions are based on the implementation of a number of EU Directives, and to that extent EU jurisprudence must be considered where appropriate.

Sign in / Sign up

Export Citation Format

Share Document