New parents could each get a year off work

Tuesday 19 December 2017

Parents of newborns could get 52 weeks leave each if employment recommendations are adopted to give families more choice and flexibility.

Currently, mothers are entitled to 18 week’s maternity leave including 2 weeks paid - fathers and partners get two week’s unpaid leave. But the employment law doesn’t give any time off for antenatal classes or breast-feeding rights.

Earlier this year, a survey by The Jersey Childcare Trust found 48% of parents wanted greater flexibility from employers to balance work and family needs. A majority of the 700 respondents, 55.2%, indicated they are employed full time, with 422 stating they work in office-based settings on weekdays, from 09:00 to 17:00. 

40.3% said that their working arrangements were not meeting their needs or their families. Individual comments mentioned the need for more flexible employment options, including term-time-only positions, and more flexible working arrangements.

While around 79% of parents indicated their employer is approachable and flexible about working hours, individual comments mentioned difficulties with changing hours or adapting for illness or special occasions. Some stated there is an implication that they are not committed to the firm or their career or that they have to take annual or sick leave when looking after ill children. 

Pictured: The Employment Forum believe its recommendations will give parents more balance between work and family.

The Employment Forum has reviewed the current law and carried out a consultation earlier this year which received over 300 responses from various people including parents, employers and trade unions representatives. It’s now put forward a whole host of changes, divided into two phases.

The first phase to be introduced in September 2018 would include:

• 26 weeks’ parental leave including six weeks paid for mothers (birth, adoptive or in a surrogacy arrangement).
• 26 weeks parental leaving including two weeks paid for fathers or partners (birth, adoptive or in a surrogacy arrangement).
• Time off for fathers and partners to attend antenatal classes.
• Time off for adoption appointments.
• Time off for parents in a surrogacy arrangement to attend antenatal classes.
• Flexible working for all employees.
• Breaks and facilities for breastfeeding in the workplace.
• Paid absence if a risk assessment prevents pregnant or breastfeeding woman from fulfilling her normal job and the employer cannot provide other duties.

The parental leave would be extended to 52 weeks, including six weeks paid, for each parent in the second phase, which is recommended to come into force in September 2019. Adoptive parents, and those in a surrogacy arrangement, would also be entitled to the leave, which could be taken in four blocks within a three-year period.

Pictured: The recommendations are being considered by the Social Security Minister.

These recommendations have been put forward to the Social Security Minister, Deputy Susie Pinel, for consideration. If the Minister agrees, they will need to be adopted by the States Assembly by March 2018 in order to come into force by September. The Forum say’s it, “…is conscious that this only gives five month’s notice for employers of the confirmed legislation and the recommendations for the first phase reflect that short notice period.

“…if, for any reason, it is not possible to introduce the first phase of changes for September 2018, then it would be appropriate to skip the first phase of changes.”

Chair of the Employment Forum, Helen Ruelle said, "...we have recommended extending the employment rights to improve the position for parents in the workplace, to give families more choice and flexibility, and hopefully to encourage gender balance in childcare roles. We believe that our recommendations would provide a more inclusive and progressive approach to family related rights in the workplace, whilst recognising the potential impact on businesses in Jersey . This will be a significant change for some employers. However, it is important that progress is made to 52 weeks’ leave as quickly as possible, which we have recommended in two stages so that employers have time to prepare."

The Jersey Chamber of Commerce Chief Executive, Gillian Martindale-Parsons has responded to the recommendations saying, “…it is absolutely right that Jersey and the Employment Forum regularly review family-friendly legislation, to ensure that policy in Jersey is fair and supportive and keeps up with common practice in other jurisdictions. Now that the Employment Forum has released their recommendations, we will consult with our members to gather their thoughts and feedback on how the proposals will affect their businesses.”