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Work and Families Bill


Work and Families Bill

1

 

A

Bill

[AS AMENDED IN STANDING COMMITTEE A}

To

Make provision about statutory rights to leave and pay in connection with the

birth or adoption of children; to amend section 80F of the Employment Rights

Act 1996; to make provision about workers’ entitlement to annual leave; to

provide for the increase in the sums specified in section 186(1) and 227(1) of

that Act; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Extension of maternity pay period and adoption pay period

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Maternity pay period

In the Social Security Contributions and Benefits Act 1992 (c. 4) (in this Act

referred to as “SSCBA 1992”), in section 165(1) (which specifies the maximum

period that may be prescribed as the period for which statutory maternity pay

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and, by virtue of section 35(2) of that Act, maternity allowance, is payable), for

“26 weeks” substitute “52 weeks”.

2       

Adoption pay period

In section 171ZN(2) of SSCBA 1992 (which specifies the maximum period that

may be prescribed as the period for which statutory adoption pay is payable),

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for “26 weeks” substitute “52 weeks”.

Additional paternity leave and pay

3       

Additional paternity leave: birth

In the Employment Rights Act 1996 (c. 18) (in this Act referred to as “ERA

1996”), in Part 8 (which makes provision for leave for family reasons), after

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Bill 10354/1
 
 

Work and Families Bill

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section 80A insert—

“80AA   

Entitlement to additional paternity leave: birth

(1)   

The Secretary of State may make regulations entitling an employee who

satisfies specified conditions—

(a)   

as to duration of employment,

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(b)   

as to relationship with a child, and

(c)   

as to relationship with the child’s mother,

   

to be absent from work on leave under this section for the purpose of

caring for the child, at a time when the child’s mother satisfies any

conditions prescribed under subsection (2).

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(2)   

The conditions that may be prescribed under this subsection are

conditions relating to any one or more of the following—

(a)   

any employment or self-employment of the child’s mother;

(b)   

her entitlement (or lack of entitlement) to leave under this Part

or to statutory maternity pay or maternity allowance;

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(c)   

whether, and to what extent, she is exercising or has exercised

any such entitlement.

(3)   

Any regulations under this section shall include provision for

determining—

(a)   

the extent of an employee’s entitlement to leave under this

20

section in respect of a child;

(b)   

when leave under this section may be taken.

(4)   

Provision under subsection (3)(a) shall secure that an employee is not

entitled to more than 26 weeks’ leave in respect of a child.

(5)   

Provision under subsection (3)(b) shall secure that leave under this

25

section—

(a)   

may not be taken before the end of a specified period beginning

with the date of the child’s birth, but

(b)   

must be taken before the end of the period of twelve months

beginning with that date.

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(6)   

Subsections (4) and (5)(a) do not limit the provision that may be made

under subsection (3) in relation to cases where the child’s mother has

died before the end of the period mentioned in subsection (5)(b).

(7)   

Regulations under subsection (1) may—

(a)   

specify things which are, or are not, to be taken as done for the

35

purpose of caring for a child;

(b)   

make provision excluding the right to be absent on leave under

this section in respect of a child where more than one child is

born as a result of the same pregnancy;

(c)   

specify a minimum period which may be taken as leave under

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this section;

(d)   

make provision about how leave under this section may be

taken;

(e)   

specify circumstances in which an employee may work for his

employer during a period of leave under this section without

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bringing the period of leave to an end.

 
 

Work and Families Bill

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(8)   

Where more than one child is born as a result of the same pregnancy,

the reference in subsection (5) to the date of the child’s birth shall be

read as a reference to the date of birth of the first child born as a result

of the pregnancy.

(9)   

In this section “week” means any period of seven days.”

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4       

Additional paternity leave: adoption

After section 80B of ERA 1996 insert—

“80BB   

Entitlement to additional paternity leave: adoption

(1)   

The Secretary of State may make regulations entitling an employee who

satisfies specified conditions—

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(a)   

as to duration of employment,

(b)   

as to relationship with a child placed for adoption under the law

of any part of the United Kingdom, and

(c)   

as to relationship with a person with whom the child is so

placed for adoption (“the adopter”),

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to be absent from work on leave under this section for the purpose of

caring for the child, at a time when the adopter satisfies any conditions

prescribed under subsection (2).

(2)   

The conditions that may be prescribed under this subsection are

conditions relating to any one or more of the following—

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(a)   

any employment or self-employment of the adopter;

(b)   

the adopter’s entitlement (or lack of entitlement) to leave under

this Part or to statutory adoption pay;

(c)   

whether, and to what extent, the adopter is exercising or has

exercised any such entitlement.

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(3)   

Any regulations under this section shall include provision for

determining—

(a)   

the extent of an employee’s entitlement to leave under this

section in respect of a child;

(b)   

when leave under this section may be taken.

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(4)   

Provision under subsection (3)(a) shall secure that an employee is not

entitled to more than 26 weeks’ leave in respect of a child.

(5)   

Provision under subsection (3)(b) shall secure that leave under this

section—

(a)   

may not be taken before the end of a specified period beginning

35

with the date of the child’s placement for adoption, but

(b)   

must be taken before the end of the period of twelve months

beginning with that date.

(6)   

Subsections (4) and (5)(a) do not limit the provision that may be made

under subsection (3) in relation to cases where the adopter has died

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before the end of the period mentioned in subsection (5)(b).

(7)   

Regulations under subsection (1) may—

(a)   

specify things which are, or are not, to be taken as done for the

purpose of caring for a child;

 
 

Work and Families Bill

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(b)   

make provision excluding the right to be absent on leave under

this section in the case of an employee who exercises a right to

be absent from work on adoption leave;

(c)   

make provision excluding the right to be absent on leave under

this section in respect of a child where more than one child is

5

placed for adoption as part of the same arrangement;

(d)   

specify a minimum period which may be taken as leave under

this section;

(e)   

make provision about how leave under this section may be

taken;

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(f)   

specify circumstances in which an employee may work for his

employer during a period of leave under this section without

bringing the period of leave to an end.

(8)   

Where more than one child is placed for adoption as part of the same

arrangement, the reference in subsection (5) to the date of the child’s

15

placement shall be read as a reference to the date of placement of the

first child to be placed as part of the arrangement.

(9)   

In this section “week” means any period of seven days.

(10)   

The Secretary of State may by regulations provide for this section to

have effect in relation to cases which involve adoption, but not the

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placement of a child for adoption under the law of any part of the

United Kingdom, with such modifications as the regulations may

prescribe.”

5       

Rights during and after additional paternity leave

(1)   

Section 80C of ERA 1996 (rights during and after paternity leave) is amended

25

as follows.

(2)   

In subsection (1) after “80A” insert “or 80AA”.

(3)   

In subsection (2)—

(a)   

after “80A” insert “or 80AA”, and

(b)   

before paragraph (a) insert—

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“(za)   

leave under the other section,”

(4)   

In subsection (3), for the words from “as it applies” to the end substitute “or

80BB as it applies to regulations under section 80A or 80AA.”

(5)   

In subsection (4)—

(a)   

after “80B” insert “or 80BB”,

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(b)   

before paragraph (a) insert—

“(za)   

leave under the other section,”, and

(c)   

in paragraph (d), after “80A” insert “or 80AA”.

(6)   

In subsections (6) and (7), for “section 80A or 80B” substitute “any of sections

80A to 80BB”.

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Revised 15 December 2005