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Premium and Premium Plus customers, Graphite provides a HR
Consultation Service. As part of our regular monthly review
in HR e-ssentials Graphite HRM provides you with an insight
into the type of queries we get through this consultation
service.
Q. We have previously paid employees
on maternity leave in full while they were on normal maternity
leave (not additional maternity leave), making up the difference
between their maternity allowance and their normal pay. Now
that maternity leave has been extended from 18 to 22 weeks,
do we have to extend our benefit for these extra weeks?
A. There
is no legal obligation on employers to pay employees during
maternity leave. What you offer in making up the difference
between maternity allowance and normal pay is an extra benefit
for your employees. Each employer can choose if they want
to extend this benefit for the extended weeks (4 extra weeks
from 1 March 2006 and another 4 from 1 March 2007). Some employers
have opted to change the formula around paying this benefit
(e.g. retaining it until the employee is back at work for
6 months, rather than pay it during the actual maternity leave).
Any decision you take which differs from the status quo (e.g.
continuing to pay employees during maternity leave) needs
to be made quickly (as the extra weeks came into force from
1 March 2006) and communicated to employees. You could also
choose to review the situation from 1 March 2007 when the
further extension comes into force.
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Q. We are hiring a 16 year old
student to cover holidays during the school holiday period
this summer. Are there any specific restrictions around the
employment of somebody this age?
A. There are
a number of pieces of legislation related to the employment
of young persons and the employment of persons on fixed-term
contracts The main provisions of the relevant legislation
are set out below;
The Protection of Employees (Young Persons) Act, 1996 sets
out very specific rules about the employment of under 18’s,
including minimum rest periods and maximum daily and weekly
working hours. The Act also imposes an obligation on employers
to seek proof of age of under 18’s, obtain the written consent
of the young persons parent or guardian to allow them to work,
and maintain detailed records of working hours and pay.
The Protection of Employees (Fixed-Term Work) Act, 2003 sets
out that fixed-term employees must not be treated less favourably
than comparable permanent workers as regards terms and conditions
of employment. This means that, generally, summer workers
must be provided with an equal benefits package as that offered
to permanent employees. The Act also requires the employer
to ensure that fixed-term employees are made aware of other
vacancies that may arise with the employer during their employment.
Other legislation that needs to be considered includes the
National Minimum Wage Act, 2000, and the Minimum Notice and
Terms of Employment Acts, 1973 – 2001.
To read
about this legislation see Chapters 1 & 2 Conditions of
Employment & Contracts 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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7-day evaluation copy of Personnel Policies and Procedures
- The Law in Perspective our leading employment law manual
by emailing sales@graphitehrm.com
or phoning Elaine Peters on (01) 6627099********
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