| For Premium and
Premium Plus customers, Graphite provides a HR Consultation
Service. Each month we review the most frequently asked queries.
Here are some of the typical questions asked.
Q: My employee wants time off to go to antenatal
classes. Do I have to give it to her?
A: The Maternity Protection Acts 1994 and
2004 cover all female employees who are pregnant, have recently
given birth or who are breastfeeding. The Acts cover part-time
workers, full-time workers and agency employees. The Act details
provisions for expectant mothers to be able to receive paid
leave to attend one set of ante-natal classes, with the exception
of the last three classes in a set. So yes, the employee is
entitled to time off to go to antenatal classes. An employee
must notify the employer in writing of the date and times
of the classes not less then two weeks before the first class.If
the employee is at work for the last 3 classes, annual leave
or unpaid leave should be considered.
To read about this legislation see Chapter 11, Leave of Absence
in Personnel Policies and Procedures – the law
in perspective.
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Q: What are the entitlements of a part-time employee
in relation to public holidays?
A: To qualify for the benefit of a public
holiday a part-time employee must have worked for the employer
concerned for at least 40 hours in the preceding five weeks
ending on the working day before the public holiday. Employees
meeting this requirement are entitled to one fifth of the
benefit based on their normal working week. Employees who
normally work on the day on which the public holiday falls
are entitled to one of the following:
- a paid day off on that day
- a paid day off within a month of that day
- an additional day of annual leave
- an additional day’s pay
In relation to the current Christmas break, each employer
must ensure that permanent part-time employee receive one
of the above benefits for each of the 3 public holidays. Employees
who are not normally at work on the public holiday are entitled
to benefit equivalent to one-fifth of their normal weekly
working hours, whereas if they were due to be at work on the
public holiday, they are entitled to benefit equivalent to
their expected working hours for that day.
For example, if an employee normally works Tuesday to Thursday
(3 day week) at 7.5 hours per day, and assuming the employer
closes on Dec 27th for Christmas day and January 2nd for January
1st the employee would be would be entitled to each of the
following:
- Paid day off on Tuesday 27th Dec (full day’s pay)
- Benefit in respect of Monday 26th Dec (pay or additional
paid time off equivalent to 4.5 hours (one fifth of their
normal working week)
- Benefit in respect of Monday 2nd Jan (pay or additional
paid time off equivalent to 4.5 hours (one fifth of their
normal working week).
Each individual’s calculations may need to be done separately
to ensure that they get there full benefit. Good luck!
To read about this legislation see Chapter 10, Holidays in
Personnel Policies and Procedures – the law in
perspective.
Disclaimer - This is not
a legal service, all suggestions will be based on HR best
practice.
You should seek independent legal advice before making any
decisions.
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copy of Personnel Policies and Procedures - The Law in Perspective
our leading employment law manual by emailing sales@graphitehrm.com
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