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Children and Families BillPage 90

Further amendments

96 Further amendments

(1) Schedule 7 (which contains further amendments relating to statutory rights to
leave and pay) has effect.

(2) 5A reference to ordinary statutory paternity pay in an instrument or document
made before the commencement of paragraphs 10 and 11 of Schedule 7 is to be
read, in relation to any time after that commencement, as a reference to
statutory paternity pay.

(3) A reference to statutory paternity pay in an enactment (including an enactment
10amended by this Act) or in an instrument or document is to be read, in relation
to any time that falls—

(a) after the commencement of paragraphs 12 and 13 of Schedule 1 to the
Work and Families Act 2006, and

(b) before the commencement of paragraphs 10 and 11 of Schedule 7,

15as a reference to ordinary statutory paternity pay.

(4) Subsection (3) does not apply to the extent that a reference to statutory
paternity pay is a reference to additional statutory paternity pay.

Part 7 Time off work: ante-natal care etc

97 20Time off work to accompany to ante-natal appointments

(1) After section 57ZD of the Employment Rights Act 1996 there is inserted—

Accompanying to ante-natal appointments

57ZE Right to time off to accompany to ante-natal appointment

(1) An employee who has a qualifying relationship with a pregnant
25woman or her expected child is entitled to be permitted by his or her
employer to take time off during the employee’s working hours in
order that he or she may accompany the woman when she attends by
appointment at any place for the purpose of receiving ante-natal care.

(2) In relation to any particular pregnancy, an employee is not entitled to
30take time off for the purpose specified in subsection (1) on more than
two occasions.

(3) On each of those occasions, the maximum time off during working
hours to which the employee is entitled is six and a half hours.

(4) An employee is not entitled to take time off for the purpose specified in
35subsection (1) unless the appointment is made on the advice of a
registered medical practitioner, registered midwife or registered nurse.

(5) Where the employer requests the employee to give the employer a
declaration signed by the employee, the employee is not entitled to take
time off for the purpose specified in subsection (1) unless the employee
40gives that declaration (which may be given in electronic form).

Children and Families BillPage 91

(6) The employee must state in the declaration—

(a) that the employee has a qualifying relationship with a pregnant
woman or her expected child,

(b) that the employee’s purpose in taking time off is the purpose
5specified in subsection (1),

(c) that the appointment in question is made on the advice of a
registered medical practitioner, registered midwife or
registered nurse, and

(d) the date and time of the appointment.

(7) 10A person has a qualifying relationship with a pregnant woman or her
expected child if—

(a) the person is the husband or civil partner of the pregnant
woman,

(b) the person, being of a different sex or the same sex, lives with
15the woman in an enduring family relationship but is not a
relative of the woman,

(c) the person is the father of the expected child,

(d) the person is a parent of the expected child by virtue of section
42 or 43 of the Human Fertilisation and Embryology Act 2008,
20or

(e) the person is a potential applicant for a parental order under
section 54 of the Human Fertilisation and Embryology Act 2008
in respect of the expected child.

(8) For the purposes of subsection (7) a relative of a person is the person’s
25parent, grandparent, sister, brother, aunt or uncle.

(9) The references to relationships in subsection (8)—

(a) are to relationships of the full blood or half blood or, in the case
of an adopted person, such of those relationships as would exist
but for the adoption, and

(b) 30include the relationship of a child with the child’s adoptive, or
former adoptive, parents,

but do not include any other adoptive relationships.

(10) For the purposes of subsection (7)(e) a person (“A”) is a potential
applicant for a parental order under section 54 of the Human
35Fertilisation and Embryology Act 2008 in respect of an expected child
only if—

(a) A intends to apply, jointly with another person (“B”), for such
an order in respect of the expected child within the time allowed
by section 54(3),

(b) 40the expected child is being carried by the pregnant woman as a
result of such procedure as is described in section 54(1)(a),

(c) the requirement in section 54(1)(b) is satisfied by reference to A
or B,

(d) A and B would satisfy section 54(2) if they made an application
45under section 54 at the time that A seeks to exercise the right
under this section, and

(e) A expects that A and B will satisfy the conditions in section
54(2), (4), (5) and (8) as regards the intended application.

Children and Families BillPage 92

(11) The references in this section to a registered nurse are references to a
registered nurse—

(a) who is also registered in the Specialist Community Public
Health Nurses Part of the register maintained under article 5 of
5the Nursing and Midwifery Order 2001 (S.I. 2002/253S.I. 2002/253), and

(b) whose entry in that Part of the register is annotated to show that
the nurse holds a qualification in health visiting.

(12) For the purposes of this section the working hours of an employee are
to be taken to be any time when, in accordance with the employee’s
10contract of employment, the employee is required to be at work.

57ZF Complaint to employment tribunal

(1) An employee may present a complaint to an employment tribunal that
his or her employer has unreasonably refused to let him or her take
time off as required by section 57ZE.

(2) 15An employment tribunal may not consider a complaint under this
section unless it is presented—

(a) before the end of the period of three months beginning with the
day of the appointment in question, or

(b) within such further period as the tribunal considers reasonable
20in a case where it is satisfied that it was not reasonably
practicable for the complaint to be presented before the end of
that period of three months.

(3) Sections 207A(3) and 207B apply for the purposes of subsection (2)(a).

(4) Where an employment tribunal finds a complaint under subsection (1)
25well-founded, it—

(a) must make a declaration to that effect, and

(b) must order the employer to pay to the employee an amount
determined in accordance with subsection (5).

(5) The amount payable to the employee is—

30A x B x 2

where—

(a) A is the appropriate hourly rate for the employee, and

(b) B is the number of working hours for which the employee
would have been entitled under section 57ZE to be absent if the
35time off had not been refused.

(6) The appropriate hourly rate, in relation to an employee, is the amount
of one week’s pay divided by the number of normal working hours in
a week for that employee when employed under the contract of
employment in force on the day when the time off would have been
40taken.

(7) But where the number of normal working hours differs from week to
week or over a longer period, the amount of one week’s pay shall be
divided instead by—

(a) the average number of normal working hours calculated by
45dividing by twelve the total number of the employee’s normal
working hours during the period of twelve weeks ending with

Children and Families BillPage 93

the last complete week before the day on which the time off
would have been taken, or

(b) where the employee has not been employed for a sufficient
period to enable the calculation to be made under paragraph (a),
5a number which fairly represents the number of normal
working hours in a week having regard to such of the
considerations specified in subsection (8) as are appropriate in
the circumstances.

(8) The considerations referred to in subsection (7)(b) are—

(a) 10the average number of normal working hours in a week which
the employee could expect in accordance with the terms of the
employee’s contract, and

(b) the average number of normal working hours of other
employees engaged in relevant comparable employment with
15the same employer.

Accompanying to ante-natal appointments: agency workers

57ZG Right to time off to accompany to ante-natal appointment: agency
workers

(1) An agency worker who has a qualifying relationship with a pregnant
20woman or her expected child is entitled to be permitted, by the
temporary work agency and the hirer, to take time off during the
agency worker’s working hours in order that he or she may accompany
the woman when she attends by appointment at any place for the
purpose of receiving ante-natal care.

(2) 25In relation to any particular pregnancy, an agency worker is not
entitled to take time off for the purpose specified in subsection (1) on
more than two occasions.

(3) On each of those occasions, the maximum time off during working
hours to which the agency worker is entitled is six and a half hours.

(4) 30An agency worker is not entitled to take time off for the purpose
specified in subsection (1) unless the appointment is made on the
advice of a registered medical practitioner, registered midwife or
registered nurse.

(5) Where the temporary work agency or the hirer requests the agency
35worker to give that person a declaration signed by the agency worker,
the agency worker is not entitled to take time off for the purpose
specified in subsection (1) unless the agency worker gives that
declaration (which may be given in electronic form).

(6) The agency worker must state in the declaration—

(a) 40that the agency worker has a qualifying relationship with a
pregnant woman or her expected child,

(b) that the agency worker’s purpose in taking time off is the
purpose specified in subsection (1),

(c) that the appointment in question is made on the advice of a
45registered medical practitioner, registered midwife or
registered nurse, and

(d) the date and time of the appointment.

Children and Families BillPage 94

(7) A person has a qualifying relationship with a pregnant woman or her
expected child if—

(a) the person is the husband or civil partner of the pregnant
woman,

(b) 5the person, being of a different sex or the same sex, lives with
the woman in an enduring family relationship but is not a
relative of the woman,

(c) the person is the father of the expected child,

(d) the person is a parent of the expected child by virtue of section
1042 or 43 of the Human Fertilisation and Embryology Act 2008,
or

(e) the person is a potential applicant for a parental order under
section 54 of the Human Fertilisation and Embryology Act 2008
in respect of the expected child.

(8) 15For the purposes of subsection (7) a relative of a person is the person’s
parent, grandparent, sister, brother, aunt or uncle.

(9) The references to relationships in subsection (8)—

(a) are to relationships of the full blood or half blood or, in the case
of an adopted person, such of those relationships as would exist
20but for the adoption, and

(b) include the relationship of a child with the child’s adoptive, or
former adoptive, parents,

but do not include any other adoptive relationships.

(10) For the purposes of subsection (7)(e) a person (“A”) is a potential
25applicant for a parental order under section 54 of the Human
Fertilisation and Embryology Act 2008 in respect of an expected child
only if—

(a) A intends to apply, jointly with another person (“B”), for such
an order in respect of the expected child within the time allowed
30by section 54(3),

(b) the expected child is being carried by the pregnant woman as a
result of such procedure as is described in section 54(1)(a),

(c) the requirement in section 54(1)(b) is satisfied by reference to A
or B,

(d) 35A and B would satisfy section 54(2) if they made an application
under section 54 at the time that A seeks to exercise the right
under this section, and

(e) A expects that A and B will satisfy the conditions in section
54(2), (4), (5) and (8) as regards the intended application.

(11) 40The references in this section to a registered nurse are references to a
registered nurse—

(a) who is also registered in the Specialist Community Public
Health Nurses Part of the register maintained under article 5 of
the Nursing and Midwifery Order 2001 (S.I. 2002/253S.I. 2002/253), and

(b) 45whose entry in that Part of the register is annotated to show that
the nurse holds a qualification in health visiting.

(12) For the purposes of this section the working hours of an agency worker
are to be taken to be any time when, in accordance with the terms under
which the agency worker works temporarily for and under the

Children and Families BillPage 95

supervision and direction of the hirer, the agency worker is required to
be at work.

57ZH Complaint to employment tribunal: agency workers

(1) An agency worker may present a complaint to an employment tribunal
5that the temporary work agency has unreasonably refused to let him or
her take time off as required by section 57ZG.

(2) An agency worker may present a complaint to an employment tribunal
that the hirer has unreasonably refused to let him or her take time off as
required by section 57ZG.

(3) 10An employment tribunal may not consider a complaint under
subsection (1) or (2) unless it is presented—

(a) before the end of the period of three months beginning with the
day of the appointment in question, or

(b) within such further period as the tribunal considers reasonable
15in a case where it is satisfied that it was not reasonably
practicable for the complaint to be presented before the end of
that period of three months.

(4) Sections 207A(3) and 207B apply for the purposes of subsection (3)(a).

(5) Where an employment tribunal finds a complaint under subsection (1)
20or (2) well-founded, it—

(a) must make a declaration to that effect, and

(b) must order the payment to the agency worker of an amount
determined in accordance with subsection (7).

(6) Where the tribunal orders that payment under subsection (5) be made
25by the temporary work agency and the hirer, the proportion of that
amount payable by each respondent is to be such as may be found by
the tribunal to be just and equitable having regard to the extent of each
respondent’s responsibility for the infringement to which the
complaint relates.

(7) 30The amount payable to the agency worker is—

A x B x 2

where—

(a) A is the appropriate hourly rate for the agency worker, and

(b) B is the number of working hours for which the agency worker
35would have been entitled under section 57ZG to be absent if the
time off had not been refused.

(8) The appropriate hourly rate, in relation to an agency worker, is the
amount of one week’s pay divided by the number of normal working
hours in a week for that agency worker in accordance with the terms
40under which the agency worker works temporarily for and under the
supervision and direction of the hirer that are in force on the day when
the time off would have been taken.

(9) But where the number of normal working hours during the assignment
differs from week to week or over a longer period, the amount of one
45week’s pay shall be divided instead by the average number of normal
working hours calculated by dividing by twelve the total number of the

Children and Families BillPage 96

agency worker’s normal working hours during the period of twelve
weeks ending with the last complete week before the day on which the
time off would have been taken.

57ZI Agency workers: supplementary

(1) 5Without prejudice to any other duties of the hirer or temporary work
agency under any enactment or rule of law, sections 57ZG and 57ZH do
not apply where the agency worker—

(a) has not completed the qualifying period, or

(b) pursuant to regulation 8(a) or (b) of the Agency Workers
10Regulations 2010 (S.I. 2010/93S.I. 2010/93), is no longer entitled to the
rights conferred by regulation 5 of those Regulations.

(2) Nothing in sections 57ZG and 57ZH imposes a duty on the hirer or
temporary work agency beyond the original intended duration, or
likely duration, of the assignment, whichever is the longer.

(3) 15Sections 57ZG and 57ZH do not apply where sections 57ZE and 57ZF
apply.

(4) In this section and sections 57ZG and 57ZH the following have the
same meaning as in the Agency Workers Regulations 2010—

(2) In the Employment Rights Act 1996—

(a) 25in section 47C (right not to be subject to detriment: leave for family
reasons), in subsection (2) (prescribed reasons), after paragraph (a)
there is inserted—

(aa) time off under section 57ZE,;

(b) in section 99 (being regarded as unfairly dismissed: leave for family
30reasons), in subsection (3) (prescribed kinds of reasons), after
paragraph (a) there is inserted—

(aa) time off under section 57ZE,;

(c) in section 225 (the calculation date in finding a week’s pay), after
subsection (3) there is inserted—

(3A) 35Where the calculation is for the purposes of section 57ZF, the
calculation date is the day of the appointment.

98 Time off work to attend adoption appointments

(1) After section 57ZI of the Employment Rights Act 1996 (inserted by section 97)
there is inserted—

40Adoption appointments

57ZJ Right to paid time off to attend adoption appointments

(1) An employee who has been notified by an adoption agency that a child
is to be, or is expected to be, placed for adoption with the employee

Children and Families BillPage 97

alone is entitled to be permitted by his or her employer to take time off
during the employee’s working hours in order that he or she may
attend by appointment at any place for the purpose of having contact
with the child or for any other purpose connected with the adoption.

(2) 5An employee who—

(a) has been notified by an adoption agency that a child is to be, or
is expected to be, placed for adoption with the employee and
another person jointly, and

(b) has elected to exercise the right to take time off under this
10section in connection with the adoption,

is entitled to be permitted by his or her employer to take time off during
the employee’s working hours in order that he or she may attend by
appointment at any place for the purpose of having contact with the
child or for any other purpose connected with the adoption.

(3) 15An employee may not make an election for the purposes of subsection
(2)(b) if—

(a) the employee has made an election for the purposes of section
57ZL(1)(b) in connection with the adoption, or

(b) the other person with whom the child is to be, or is expected to
20be, placed for adoption has made an election for the purposes of
subsection (2)(b) or section 57ZN(2)(b) in connection with the
adoption.

(4) An employee is not entitled to take time off under this section on or
after the date of the child’s placement for adoption with the employee.

(5) 25In relation to any particular adoption, an employee is not entitled to
take time off under this section on more than five occasions.

(6) On each of those occasions, the maximum time off during working
hours to which the employee is entitled is six and a half hours.

(7) An employee is not entitled to take time off under this section unless
30the appointment has been arranged by or at the request of the adoption
agency which made the notification described in subsection (1) or
(2)(a).

(8) An employee is not entitled to take time off under subsection (1) unless,
if the employer requests it, the employee gives the employer a
35document showing the date and time of the appointment in question
and that it has been arranged as described in subsection (7).

(9) An employee is not entitled to take time off under subsection (2) unless,
if the employer requests it, the employee gives the employer—

(a) a declaration signed by the employee stating that the employee
40has made an election for the purposes of subsection (2)(b) in
connection with the adoption, and

(b) a document showing the date and time of the appointment in
question and that it has been arranged as described in
subsection (7).

(10) 45A document or declaration requested under subsection (8) or (9) may
be given in electronic form.

Children and Families BillPage 98

(11) In cases where more than one child is to be, or is expected to be, placed
for adoption with an employee as part of the same arrangement, this
section has effect as if—

(a) the purposes specified in subsections (1) and (2) were the
5purpose of having contact with any one or more of the children
and any other purpose connected with any of the adoptions that
are part of the arrangement;

(b) the references in subsections (2)(b) and (9)(a) to the adoption
were references to all of the adoptions that are part of the
10arrangement;

(c) the references in subsection (3) to the adoption were references
to any of the adoptions that are part of the arrangement;

(d) the reference in subsection (4) to the date of the child’s
placement for adoption were a reference to the date of
15placement of the first child to be placed as part of the
arrangement;

(e) the reference in subsection (5) to a particular adoption were a
reference to the adoptions that are part of a particular
arrangement.

(12) 20For the purposes of this section the working hours of an employee are
to be taken to be any time when, in accordance with the employee’s
contract of employment, the employee is required to be at work.

(13) In this section “adoption agency” means an adoption agency within the
meaning of section 2 of the Adoption and Children Act 2002 or as
25defined in section 119(1)(a) of the Adoption and Children (Scotland)
Act 2007.

57ZK Right to remuneration for time off under section 57ZJ

(1) An employee who is permitted to take time off under section 57ZJ is
entitled to be paid remuneration by his or her employer for the number
30of working hours for which the employee is entitled to be absent at the
appropriate hourly rate.

(2) The appropriate hourly rate, in relation to an employee, is the amount
of one week’s pay divided by the number of normal working hours in
a week for that employee when employed under the contract of
35employment in force on the day when the time off is taken.

(3) But where the number of normal working hours differs from week to
week or over a longer period, the amount of one week’s pay shall be
divided instead by—

(a) the average number of normal working hours calculated by
40dividing by twelve the total number of the employee’s normal
working hours during the period of twelve weeks ending with
the last complete week before the day on which the time off is
taken, or

(b) where the employee has not been employed for a sufficient
45period to enable the calculation to be made under paragraph (a),
a number which fairly represents the number of normal
working hours in a week having regard to such of the
considerations specified in subsection (4) as are appropriate in
the circumstances.

Children and Families BillPage 99

(4) The considerations referred to in subsection (3)(b) are—

(a) the average number of normal working hours in a week which
the employee could expect in accordance with the terms of the
employee’s contract, and

(b) 5the average number of normal working hours of other
employees engaged in relevant comparable employment with
the same employer.

(5) A right to any amount under subsection (1) does not affect any right of
an employee in relation to remuneration under the employee’s contract
10of employment (“contractual remuneration”).

(6) Any contractual remuneration paid to an employee in respect of a
period of time off under section 57ZJ goes towards discharging any
liability of the employer to pay remuneration under subsection (1) in
respect of that period.

(7) 15Any payment of remuneration under subsection (1) in respect of a
period of time off under section 57ZJ goes towards discharging any
liability of the employer to pay contractual remuneration in respect of
that period.

57ZL Right to unpaid time off to attend adoption appointments

(1) 20An employee who—

(a) has been notified by an adoption agency that a child is to be, or
is expected to be, placed for adoption with the employee and
another person jointly, and

(b) has elected to exercise the right to take time off under this
25section in connection with the adoption,

is entitled to be permitted by his or her employer to take time off during
the employee’s working hours in order that he or she may attend by
appointment at any place for the purpose of having contact with the
child or for any other purpose connected with the adoption.

(2) 30An employee may not make an election for the purposes of subsection
(1)(b) if—

(a) the employee has made an election for the purposes of section
57ZJ(2)(b) in connection with the adoption, or

(b) the other person with whom the child is to be, or is expected to
35be, placed for adoption has made an election for the purposes of
subsection (1)(b) or section 57ZP(1)(b) in connection with the
adoption.

(3) An employee is not entitled to take time off under this section on or
after the date of the child’s placement for adoption with the employee.

(4) 40In relation to any particular adoption, an employee is not entitled to
take time off under this section on more than two occasions.

(5) On each of those occasions, the maximum time off during working
hours to which the employee is entitled is six and a half hours.

(6) An employee is not entitled to take time off under this section unless
45the appointment has been arranged by or at the request of the adoption
agency which made the notification described in subsection (1)(a).

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