Protection of Women on Reduced Working Time
The Ministry of Labour and Social Policy announced an official position that special protection due to reduction of working time after maternity leave is waived in the case of termination of employment due to reasons not concerning employees (e.g., elimination of a position).
Plans for Flexible Parental Leave Unveiled
The UK Government's latest employment law consultation paper, Consultation on Modern Workplaces (PDF), sets out plans to introduce a new system of flexible, shared parental leave. This would build upon the Government's decision earlier this year to implement the previous Labour administration's legislation on additional paternity leave with effect from April 2011.
Other proposals covered by the consultation include:
- Extending the right to request flexible working to all employees.
- Amendments to the Working Time Regulations 1998 (WTR) relating to annual leave entitlement and its interplay with sickness absence.
- Mandatory equal pay audits for employers who are found by an Employment Tribunal to have discriminated on grounds of sex in relation to pay.
Business Red Tape to be Cut
The UK Government has announced its intention to review and reduce the amount of red tape faced by business, including the planned extension of the rights to request flexible working and time off for training.
In a speech to the Federation of Small Businesses, the Secretary of State for Business Vince Cable revealed that the Government is planning a range of measures to help small businesses, including a public audit of almost 22,000 existing regulations. Part of the review will include:
- repealing the regulations extending the right to request a flexible working arrangement to parents of 17-year-olds. These were due to come into force on 6 April 2011. As a result, the right to request flexible working will continue to be available only to parents of children aged 16 and under (and disabled children under 18) and certain adult carers.
- not extending the right to request time off to train to firms with less than 250 employees. The extension had been due to take effect from April 2011, but had become doubtful following a government consultation last autumn.
The Government is also intending to impose a moratorium exempting businesses with fewer than ten employees and "genuine start-ups" from new domestic regulation for a period of three years. Such businesses will, for example, be exempt if the Government presses ahead with plans to create a new, flexible system of shared parental leave, or extends the right to request flexible working (see above) to all employees. The Government intends to consult on both of these proposals later this year.
Photo credit: ODonnell Photograf
Quebec Government Introduces Organ Donor Leaves
The Quebec government has introduced Bill 125, An Act to facilitate organ and tissue donation. If passed, the Bill would amend An Act respecting labour standards to provide a unpaid leave of absence of up to 26 weeks to workers who donate organs or tissues. After an organ donor leave, the Bill would require employers to return workers to their prior position at the same wage rate and with the same benefits.
Prince Edward Island Amends Employment Standards Act
Bill 2 (pdf), the Employment Standards Amendment Act, 2009, which amends Prince Edward Island's Employment Standards Act, came into force on October 1, 2010. Among other things, the Bill:
- Increases vacation entitlement after eight years of service;
- Increases paid sick leave after ten years of service;
- Adds one day of paid bereavement leave; and
- Enhances maternity, paternity and adoption leaves.
Russian Government Considers the Draft Federal Law Regarding ILO Paid Leaves Convention
The draft federal law "On ratification of the Convention N 132 "On paid leaves" of the International Labor Organization" is now under consideration of the Government of the Russian Federation.
The Convention was adopted on June 24, 1970 and stipulates the main rights of individuals on guaranteed annual paid leave. According to the provisions of the Convention, each member of the International Labor Organization upon its ratification is obliged to establish a minimal term of paid annual leave as well as the categories of employees it shall apply to. Therefore the draft federal law on ratification of the Convention envisages that the guaranteed annual paid leave in Russia comprises 28 calendar days and is applicable to the employees both of agricultural and non-agricultural economic sectors.
The currently effective legislation of the Russian Federation complies with the Convention. But the Government intends to ratify it in order to constitute Russian legislation basing on universally recognized norms of labor law which serve as the basis for all national labor laws.
New Paid Parental Leave Scheme Released
On May 4, 2010, the Australian Federal Government introduced draft legislation of Australia's first Paid Parental Leave Scheme. Australia is one of two countries participating in the Organisation for Economic Co-operation and Development (OECD) without a national paid parental leave scheme. The Bill will introduce up to a maximum of 18 weeks of government-funded paid parental leave for eligible parents of children born, adopted or placed on or after 1 January 2011.
Read the full post here.
This entry was written by Kate Jenkins and Lisa Croxford.
Arbitrator Awards Employee $500,000 for "Bad Faith" Termination
A labour arbitrator has awarded a unionized employee more than $500,000 for loss of income, mental suffering, and punitive damages after her employer acted in bad faith when it terminated her employment on the basis that she was malingering when she stayed off work an extra week to recover from surgery.
Continue Reading...Additional Maternity Leave
Since 1 January 2010, employees have the right to additional maternity leave. It may be used either by the mother or - in certain situations - by the father. In 2010 and 2011 the additional leave for mothers amounts to 2 weeks in the case of single births and 3 weeks in the case of multiple births. For fathers it is 1 week. The employee should apply for this leave at least 7 days in advance. An employee using this leave has the right to work during the leave, however, at no more than half-time.
Haiti Earthquake May Have Legal Repercussions for Employers
In the wake of the devastating earthquake in Haiti, businesses operating in the United States, even those without establishments in Haiti, will be facing employment issues related to the aftermath of the tragedy and the ongoing relief effort. Companies should anticipate new employment-related questions encountered when the business and/or its employees seek to aid the relief effort, either with monetary donations or by donations of skill, expertise or goods. In addition, employers with workers and business interests in Haiti must also address various personnel issues.
Continue Reading...