sc601312.112-114

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A. Standing Committee Proceedings: 13th December 2005
112

Work and Families Bill, continued

that person shall not have the right to claim unfair dismissal.”.’.

Administration of statutory leave payments

Norman Lamb

Not called  nc2

To move the following Clause:—

‘The Secretary of State shall make regulations providing that any employer

employing fewer than 50 persons may transfer to the Secretary of State

responsibility for the administration of payments to that person’s employees of—

(a)
statutory maternity pay,

(b)
adoption pay,

(c)
additional statutory paternity pay, and

(d)
ordinary paternity pay.’.

Paternity leave entitlement

Norman Lamb

Withdrawn  nc3

To move the following Clause:—

‘(1)
The ERA 1996 is further amended as follows.

(2)
In subsection (3) of section 80A (entitlement to paternity leave: birth) there is

inserted at the end “and that leave may be taken in one period or in separate weeks

at any time in the period during which paternity leave may be taken.”.

(3)
In subsection (4) of section 80A, for “at least 56 days” substitute “26 weeks”.

(4)
In subsection (3) of section 80B (entitlement to paternity leave: adoption) there is

inserted at the end “and that leave may be taken in one period or in separate weeks

at any time in the period during which paternity adoption leave may be taken.”.

(5)
In subsection (4) of section 80B, for “at least 56 days” substitute “26 weeks”.

(6)
In sub-paragraph (a) of section 80E (chapter 3: supplemental) after “given”, there

is inserted “(except that such notice shall be no longer than 21 days before the

expected date of childbirth)”.’.

Maternity notice period

Mrs Eleanor Laing

Withdrawn  NC4

To move the following Clause:—

S.C.A. Standing Committee Proceedings: 13th December 2005
113

Work and Families Bill, continued

‘The Maternity and Parental Leave etc. Regulations 1999 shall be amended so

that in regulation 4 (entitlement to ordinary maternity leave) after paragraph (1)

insert—

“(1A)
An employee who has notified her employer under paragraph (1) (a) (iii)

of the date on which she intends her ordinary maternity leave period to

start may subsequently vary that date, provided that she notifies her

employer of the variation at least—

(a)
56 days before the date varied, or

(b)
56 days before the new date,


whichever is the earlier, or if that is not reasonably practicable,

as soon as is reasonably practicable.”.’.

Entitlement to additional maternity leave

Mrs Eleanor Laing

Not called  NC5

To move the following Clause:—

‘The Maternity and Paternal Leave etc. Regulations 1999 are amended as

follows—

(1)
In regulation 4 (entitlement to ordinary maternity leave) in paragraph (1)

after “ordinary” insert, “and additional”.

(2)
Omit regulation 5 (entitlement to additional maternity leave).’.

Payment of statutory maternity pay

Mrs Eleanor Laing

Not called  NC6

To move the following Clause:—

‘An employer may opt to hand payment of statutory maternity pay back to her

Majesty’s Revenue and Customs.’.

Liability to make payments of statutory maternity pay

Mrs Eleanor Laing

Not called  NC7

To move the following Clause:—

‘(1)
The liability to make payments of statutory maternity pay is a liability of the

Commissioners for Her Majesty’s Revenue and Customs.

S.C.A. Standing Committee Proceedings: 13th December 2005
114

Work and Families Bill, continued

(2)
The Secretary of State may by regulations specify circumstances in which

liability for the payment of statutory maternity pay is to be a liability of any

person of whom the person entitled to the payments has been an employee as

defined by relevant legislation.’.

Contact between employer and employee

Mrs Eleanor Laing

Not called  NC8

To move the following Clause:—

‘(1)
An employer may make reasonable contact with an employee during maternity

leave.

(2)
The Secretary of State shall give guidance to define “reasonable contact” as set

out under subsection (1).’.

Bill, as amended, to be reported.