Children and Families Bill

Page 59, line 10, at end insert—

“(7)   Entitlements provided by regulations made under this section may
be transferred to another family member or other related party in
the following exceptional circumstances—

(a)   where a mother is incapacitated;

(b)   where a medical practitioner prescribes that the mother is
unable to look after the child; or

(c)   where the mother dies in childbirth.”

Page 66, line 39, leave out “may” and insert “must”

Page 66, line 43, leave out “may” and insert “must”

Insert the following new Clause—

“Right to return to the same job after shared parental leave

(1)   An employee who returns to work after any period of—

(a)   ordinary maternity leave,

(b)   ordinary adoption leave,

(c)   paternity leave,

(d)   shared parental leave of 26 weeks or less, or

(e)   parental leave of four weeks or less, which was—

(i)   a period of isolated leave, or

(ii)   a consecutive period of any statutory leave under
subsection (1) of 26 weeks or less,

is entitled to return from leave to the job in which the employee was
employed before the employee’s absence.

(2)   An employee who returns to work after any period of—

(a)   additional maternity leave,

(b)   additional adoption leave,

(c)   parental leave of more than four weeks, or

(d)   a consecutive period of any statutory leave under subsection (1) of
more than 26 weeks,

is entitled to return from leave to the job in which the employee was
employed before the employee’s absence, or, if it is not reasonably
practicable for the employer to permit the employee to return to that job, to
another job which is both suitable for the employee and appropriate for the
employee to do in the circumstances.

(3)   The reference in subsections (1) and (2) to the job in which an employee was
employed before the employee’s absence is a reference to the job in which
the employee was employed—

(a)   if the employee’s return is from an isolated period of statutory
leave, immediately before that period began, or

(b)   if the employee’s return is from consecutive periods of statutory
leave, immediately before the first such period.”

Insert the following new Clause—

“Review of statutory rights to leave and pay for kinship carers and special
guardians

Before the end of one year beginning with the day on which this Act is
passed, the Secretary of State must—

(a)   carry out a review of the impact of the lack of statutory pay and
leave on kinship carers and special guardians remaining in
employment; and

(b)   publish, and lay before both Houses of Parliament, a report of the
conclusions of the review.”

Page 92, line 26, after “take” insert “reasonable”

Page 92, leave out lines 29 to 33

Page 95, line 21, after “take” insert “reasonable”

Page 95, leave out lines 25 to 29

Page 95, leave out lines 25 to 27 and insert—

“(2)   In relation to a singleton pregnancy, an employee is not entitled to
take time off for the purpose specified in subsection (1) on more
than two occasions, and in relation to a multiple pregnancy, an
employee is not entitled to take time off for the purpose specified in
subsection (1) on more than six occasions.”

Page 112, line 10, leave out “If an employer allows an employee to appeal” and
insert “Where an employee appeals”

Page 112, line 34, leave out “the employer allow the employee to appeal” and insert
“an employee appeals”

Lord Stevenson of Balmacara gives notice of his intention to oppose the Question that
Clause 104 stand part of the Bill.

Insert the following new Clause—

“Promoting flexible working: review

(1)   Before the end of one year beginning with the day on which this Act is
passed, the Secretary of State must—

(a)   carry out a review looking into ways of promoting flexible working;
and

(b)   publish, and lay before both Houses of Parliament, a report of the
conclusions of the review.

(2)   A review under subsection (1) will consider in particular—

(a)   how to promote the right to request flexible working among
employees;

(b)   how to encourage employers to discuss flexible working at the
earliest opportunity; and

(c)   whether all advertisements for employment opportunities in the
public sector should specify the possibility of discussing flexible
working at interview.”