March 2010 ~ Edition 33

March 2010

Edition no. 33

 
 

In this issue:

  1. Right to request time off for training
  2. Paternity leave & Pay changes
  3. Fit notes

If you would like more information about any of the issues raised in this newsletter or any other people management query please contact The HR Tap on 

 01604 604471

or by email on

enquiries@thehrtap.co.uk

Melissa Ritchie

The HR Tap 

www.thehrtap.co.uk

 

 

John Bartlett

JRB Consulting

www.jrbconsulting.co.uk

 This newsletter is written for general interest only.  The HR Tap can accept no liability for any reliance placed on its content without further advice.  Please contact us for specific advice before acting.

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The HOT Tap News

Welcome to the Spring Edition of the HOT Tap News.  Finally it appears that spring is heading in our direction and with that the annual increase in Employment legislation.  The key pieces this year are the right to request time off for training for some employees and fathers being able to take some of the maternity leave. In addition we have the new Fit Notes which may be issued by Doctors; but more on that one in John’s article. 

Please do remember to contact us if you think that our readers would benefit from a particular topic being covered in the next newsletter. 

Until the next edition the HR Tap Team would like to wish you a successful spring.

Right to request time off for training - 6th April 2010 - Melissa Ritchie

This legislation mirrors the way that employees have a RIGHT to REQUEST flexible working.  Some important points to remember are: 

  • Currently only applicable for employers with 250+ employees 
  • Smaller companies are likely to be included by April 2011 at the earliest 
  • Employees must have a minimum of 26 weeks service 
  • The training requested has to be applicable to the business 
  • Training has to be one with an acceptable qualification
  • There will be no obligation to pay for the training or to give paid time off 
  • Employers must meet with the employee to discuss the request 
  • Employers may reject the request for a good business reason, for example if the time away from work is too detrimental to the business or the training will not benefit the company sufficiently 
  • An employee may only make one request a year  

Laid down in the Apprenticeships, Skills, Children and Learning Act 2009

Changes to Paternity leave and Pay - applicable to parents of babies born on or after 3rd April 2011 - Melissa Ritchie

Currently a mother can take 39 weeks paid leave with an additional amount of 13 unpaid and a father can take one or two consecutive weeks and take them within the first 56 days after birth. 

The changes will mean that if a mother returns to work after 26 weeks but before 39 weeks after the child is born the father may take over at home and he will be paid the paternity pay (set rate or 90% of his pay – whichever is lowest) for the remaining weeks up to the 39 and then he may take a further 13 weeks unpaid. 

You should remember that this will apply to employees who adopt children.

Fit Notes - John Bartlett

From 6 April 2010, the format of medical statements - also known as medical certificates or sick notes - will change.
 Medical statements are issued by doctors to employees when they are ill or injured. They are commonly used by employers as evidence for sick pay purposes. 

With the current statement, doctors describe an individual's condition and indicate whether or not they are fit to work. 

From 6 April 2010, the new statement - known as a statement of fitness for work or 'fit note' - will mean doctors can advise that the patient either: 

  • is not fit for work 
  • may be fit for work 

A doctor will give a 'may be fit for work' statement if they think that your employee's health condition may allow them to work – as long as you give them the appropriate support. 

If a doctor uses this option, they will give advice about the effects of the patient's health condition and, if appropriate, some suggestions about the types of adjustment or adaptations you could consider making to help your employee back to work. 

While you won't have to act on the doctor's advice in a 'may be fit for work' statement, it may help you make simple and practical adjustments to help your employee return to work and reduce unnecessary sickness absence. 

If for any reason you can't make the changes necessary to support your employee's return to work, you should - for sick pay purposes - consider the statement as if the doctor had advised that your employee is 'not fit for work'. 

Will it work? 

I don’t think so. Doctors are hard pushed at the moment. To get into the finer detail about a persons work arrangements and then write suggestions on adjustments or adaptations is, I’m afraid, white fluffy cloud stuff for the majority of GP’s. I hope I am wrong. 

For further information refer to: - 

http://www.dwp.gov.uk/docs/fitnote-employer-guide.pdf 

Be safe 

John

The HR Tap Ltd

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