Author: Karen

Maternity & Paternity Leave: Your Rights

/ Karen / Leave a comment

pregnancy.jpg

So your little bundle of joy has finally arrived and you are spending your days getting to grips with the general overwhelming feeling of being a new parent.  The last thing on your mind at the early stages of parenthood is how things at the office are going!

However, it is important that before you leave the working world to enter into the new world of dirty nappies and sleepless nights that both you and your partner are fully aware of your rights to maternity and paternity leave following the birth of your baby.

Here, we have answered some of the most popular questions from new parents regarding their entitlement to maternity/paternity leave:-

When can I start my maternity leave?

All mums-to-be can start their maternity leave any time from 11 weeks before the beginning of the week when their baby is due.  If your baby arrives early, your maternity leave will start the day after your baby is born and if you are absent from work as a result of a pregnancy-related illness in the 4 weeks before your baby is due, your maternity leave will start automatically.

Is maternity leave compulsory?

We are sure there aren’t very many women out there who would wish to get straight back to work following the birth of their baby, however for those who do, it is important to be aware that as a mother, it is compulsory to take 2 weeks off work following your baby’s birth – this is extended to 4 weeks if you work in a factory.

What is Statutory Maternity Leave?

Most new mums are entitled to take 26 weeks Ordinary Maternity Leave (which includes the 2 weeks compulsory maternity leave) and 26 weeks Additional Maternity Leave.  Therefore, in total, a mother can take up to a maximum of 52 weeks maternity leave which is known as Statutory Maternity Leave.

What will I be paid during Statutory Maternity Leave?

What you are paid during your period of statutory maternity leave will vary throughout the 52 weeks if you decide to take the full period of maternity leave. The minimum maternity pay you will receive for the first 6 weeks is 90% of your average earnings.  After that, presently you will be entitled to £139.58 per week or 90% of your average weekly earnings (before tax), whichever is lower.  This entitlement may end before the full 52 weeks is up.

Should you be lucky to work for an employer who offers over the statutory minimum then you may be paid more.

You can seek more information on whether you are entitled to statutory maternity leave and if so how much you are likely to be paid at https://www.gov.uk/pay-leave-for-parents

Is my job safe when I am on maternity leave?

Yes, when you are off on maternity leave, your employment terms and conditions are protected.  You will therefore still be able to access any work benefits which you may have as part of your employment contract.

If your employer makes contributions to a pension scheme on your behalf, they must continue to make these payments during your maternity leave.  Your entitlement to holidays will continue and you can add these days to the beginning or end of your maternity leave.

It is automatically unfair and discriminatory for your employer to dismiss you for a reason connected with your maternity leave or pregnancy. If you have been dismissed for this reason it is important to seek legal advice immediately.

Is every new mum entitled to Statutory Maternity Leave?

To qualify for Statutory Maternity Leave, you must satisfy two basic rules:

  • The ‘continuous employment’ rule – i.e. you have to have been working for your employer for a continuous period of 26 weeks into your ‘qualifying week’. Your qualifying week is the 15th week before the week in which your baby is due.
  • The ‘earnings’ rule – i.e. you have to have been earning, on average, an amount which equals the ‘lower earnings limit’ for that tax year.   The lower earnings limit is the amount you have to earn before you are treated as paying National Insurance contributions. In the 2014/2015 tax year the lower earnings limit was £112.00.

If you do not satisfy these rules, you may not be eligible to Statutory Maternity Leave so be sure to check with your employer whether you are eligible.

When should I tell my employer that I want to take Statutory Maternity Leave?

If you wish to take Statutory Maternity Leave, you must tell your employer at least 15 weeks before the beginning of the week your baby is due. If this is not possible (for example, because you didn’t realise you were pregnant), you should tell them as soon as possible.

What about Paternity Leave?

A new father is entitled to 2 weeks of paternity leave which is paid presently at a rate of £139.58 per week or 90% of their average weekly earnings, whichever is lower.

What is Shared Parental Leave?

From 5th April 2015, the Work and Families (NI) Act 2015 introduced shared parental leave and statutory shared parental pay to Northern Ireland.  This means that parents can share leave between themselves following the birth or adoption of a child.

In order to be eligible, you must have either given birth or adopted a child on or after 5th April 2015.  Parents now have the flexibility to share leave as long as the leave is taken between the baby’s birth and their first birthday or within a year of adoption.

Am I entitled to time off if I adopt a child?

If you adopt a child, you may have the right to 52 weeks of Statutory Adoption Leave.  This is made up of 26 weeks of Ordinary Adoption Leave followed by 26 weeks of Additional Adoption Leave.

To qualify for Statutory Adoption Leave, you must be an employee and be newly matched with a child by an adoption agency (‘matched’ means that the adoption agency gives you the details of the child they think is suitable for you to adopt).

What are ‘Keeping in Touch’ days?

Keeping In Touch (‘KIT’) days are days that you can work during your Statutory Maternity Leave without losing your statutory maternity pay, maternity allowance or ending your leave. During your maternity leave you are entitled to 10 days KIT days.  These days must be agreed between both you and your employer.  You are not permitted to work any KIT days during the first two weeks following the birth or adoption of a child.  If you agree to KIT days, then your employer should agree the amount you will be paid for each day.

It is important to realise that there is now more flexibility than ever before for parents of children to be able to share leave and return to the work force.  Should you have any queries regarding entitlement to leave surrounding maternity please contact us by email

LIFE BITE: DOJ announces increase in amount of Bereavement Damages

/ Karen / Leave a comment

apple-150579_1280Today, the Northern Ireland Department of Justice has announced that bereavement damages available in Northern Ireland are to be increased from £11,800 to £14,400.

This follows the consultation launched by the Department in October 2015 about whether the level of compensation payable to families whose loved ones have been needlessly killed in Northern Ireland should be increased.  The DOJ consultation paper stated that any increase in the bereavement damages should either bring Northern Ireland in line with England and Wales at £12,980, or with the level of inflation, estimated at £14,339.

After consultation, the Department has agreed that bereavement damages in Northern Ireland will be increased by inflation, rounded to the nearest £100, and will be adjusted every three years. Northern Ireland will now have higher bereavement damages than England and Wales.  The system in Scotland remains that each case is judged and evaluated on its own merits.

Martin Hanna, NI representative of the Association of Personal Injury Lawyers (APIL) and partner in Francis Hanna & Co Solicitors says:

“This is a fantastic result for Northern Ireland citizens who up to now received less bereavement damages in Northern Ireland than anyone else in the United Kingdom. Whilst no amount of money can ever replace a loved one, bereavement damages do at least acknowledge that a death has been caused needlessly.  The level of payment previously available was woefully inadequate and so the DOJ announcement of this increase is a step in the right direction.”

For more information on bereavement damages, feel free to contact Martin at mhanna@fhanna.co.uk or contact us at Life Law Ni here

← Back

Thank you for your response. ✨

LIFE BITE: Men’s Advisory Project calls for more help for male domestic abuse victims

/ Karen / Leave a comment

apple-150579_1280The Men’s Advisory Project have called for more help to be made available to male victims of domestic abuse in Northern Ireland. 

The organisation has said that they have seen a notable increase in people coming to them for help – they supported 536 clients in 2015 compared to 294 in 2013. 
The most recent figures from the Police Service of Northern Ireland show that 3,104 men were victims of domestic violence between August 2014 and 2015.

James Knox, the project manager at the Men’s Advisory Project, has highlighted that the support services available for male domestic abuse victims in Northern Ireland are less extensive than for women.

James said: “While the PSNI’s gender-neutral poster campaign is a step in the right direction, there is more that could be done.  If there was more help available for male victims of domestic abuse it would save lives.”

To find out more about the Men’s Advisory Project,  read our ‘LifeSupports’ blog from them or contact MAP at www.mapni.co.uk

For more information on domestic violence, please click here or contact us here.

LIFE BITE: How Private are your Private Emails in the Workplace?

/ Karen / Leave a comment

apple-150579_1280Have you ever wondered whether your boss is legally permitted to read personal emails that you have sent to friends and family from your work email account?

Well, in light of a recent Court judgment it seems that they are.

In  the judgment of the case of Barbulescu v Romania which was handed down on 12th January 2016 by the The European Court of Human Rights, the Court held that there is no violation of your right to respect for private life and correspondence if your employer monitors personal emails that you send whilst at work .

What is expected of an employee and an employer is usually set out in the contract of employment.  However,  a contract does not have to be in writing and terms can be established in a manner of ways, either expressly, impliedly or through custom and practice.

It should not be that surprising that an implied term of a contract of employment is that when an employee is at work,  they should devote all of their time and attention to their work, not privately messaging friends or loved ones or using the internet for their own personal matters. Many employers have specific email and internet policies in place to counter such misuse.

In this particular case,  Mr Barbulescu was an engineer who used a Yahoo Messenger account, specifically set up for business purposes, to send and receive personal messages with his fiancée and his brother.  His employer, discovering this accidentally, dismissed him considering it to be in breach of his employment contract. 

Mr Barbulescu argued that the Romanian courts should have excluded all evidence of his personal correspondence on the grounds it infringed his Article 8 right that is the right to respect for private life and correspondence.   Mr Carbulescu’s employer’s internal regulations strictly prohibited employees from using the company’s computers and resources for personal purposes however, it was disputed whether the Mr Barbulescu had been given prior notice that his communications could have been monitored and their content accessed and eventually disclosed.

The issue before the ECJ was whether the right to respect for private life and correspondence is breached if employers monitor employees’ personal communications at work? The answer was a resounding no, subject to reasonableness/proportionality.

The ECJ held that although Article 8 was engaged,  the Romanian courts were entitled to look at that evidence in deciding whether Mr Barbulescu’s dismissal was fair.  The European Court was persuaded by the fact that the Romanian court judgement did not reveal the precise content of the personal messages, but only that they were personal messages.   Also, only the Yahoo Messenger account, which the parties agreed was set up for business purposes was accessed by his employer – not other documents and data stored on Mr Barbulescu’s computer.

The Court therefore found “that it is not unreasonable for an employer to want to verify that the employees are completing their professional tasks during working hours.”

MGavinThis Life Bite was provided by Mary Gavin, Associate Solicitor in the Employment Law Department  of Francis Hanna & Co Solicitors.  If you would like further informaiotn on this area of law, please contact Mary Gavin on mgavin@fhanna.co.uk or contact us at Life Law NI here.

Protecting Yourself from Domestic Abuse: Advice from a PSNI Domestic Abuse Officer

/ Karen / Leave a comment
PSNIdomesticabuse

Domestic Abuse is a problem within our society as a whole and an issue that the PSNI are increasingly trying to address.

Sergeant Joanne Eakin is a Domestic Abuse Officer with the Belfast Public Protection Unit within the PSNI.   In her guest blog for Life Law NI, Sergeant Eakin provides some useful advice on protecting yourself from domestic abuse.

____________________________________________________________________________________

Working as a Domestic Abuse Officer within the Belfast Public Protection Unit of the PSNI, I have witnessed my fair share of domestic crimes against both men and women.

The PSNI believe that domestic abuse should not be tolerated and that it is not acceptable in any shape or form in today’s society. Therefore, within the PSNI there are specially trained officers like myself who deal with those victims who are at a risk of serious harm due to the domestic abuse.

I believe that one of the most important things for any victim suffering from domestic abuse to recognise is when it is happening to them and to accept that they are not to blame. Here is my professional advice to those who are suffering domestic abuse or know someone else who is:

I want to escape an abusive relationship – what can I do?

If you are in an abusive relationship and want to leave, follow the advice below to make sure you do not put yourself in unnecessary danger:-

  • Seek legal advice. You might be able to get an injunction or Orders to protect you from your abuser after you leave.
  • Get immediate medical help for any injuries you sustain. Record and photograph them.
  • Take anything that will identify your abuser, such as a recent photo or car details, to help others protect you.
  • Be extra careful about who you discuss your plans with because secrecy will increase your success.
  • Take a note of emergency numbers and people you can contact (family, friends, doctors etc). Programme them into your mobile if you have one.
  • Prepare a bag with essential items, such as clothes, keys and money. Get extra copies of your home or car keys. Keep it safe or give it to someone you trust.
  • Keep important documents, such as birth certificates, mortgage papers or passports, in a safe location. If possible, take any items of personal importance with you, such as photographs or jewellery.
  • Talk to your children about the possibility of leaving and try to take them with you, whatever the long-term arrangements might be.
  • Plan an escape route out of your home and teach this to your children.
  • Keep a note of the family’s essential medicines and have an immediate supply available.
I know someone who is in an abusive relationship – how can I help them?

If you have a friend or family member who is being abused, there are practical things you can do to help them:-

  • Find out information about your friend / love one’s rights and the services available so they can make informed choices – for example, contact specialist support agencies such as Women’s Aid who can provide practical and emotional support.
  • Agree a code word or action that if he/she says to you or you see, you know they’re in danger and cannot access help alone.
  • Find out information for your friend / loved one so they can make informed choices.
  • Get some support yourself. You have to be strong if you’re going to be able to help them. Most domestic abuse services are happy to help with any worries you may have or provide suggestions as to other actions you might take.
  • Most importantly, don’t give up on them. You might be their only lifeline.

Useful points of contact

There is much support in Northern Ireland for victims of domestic abuse. If you are suffering from domestic abuse or know someone who is, here are some useful contacts:-

Police Service of Northern Ireland

For non-emergency calls and general enquiries, call 101.

In the case of an emergency dial 999 or use the emergency text phone by texting 18000

24 Hour Domestic and Sexual Violence Helpline

This line is available to anyone who has concerns about domestic or sexual violence, now or in the past. It is open to all women and men affected by domestic and sexual violence. Please call 0808 802 1414

Women’s Aid

Women’s Aid is the national domestic violence charity that helps up to 250,000 women and children every year. They work to end violence against women and children and support over 350 domestic and sexual violence services across the country. Call Women’s Aid on 0808 802 1414 or visit their website www.womensaidni.org

Men’s Advisory Project

This is an excellent service for men experiencing domestic abuse. Call on 028 9024 1929 or visit their website www.mapni.co.uk

Your GP

Your local GP can offer help and support. Many people experiencing abuse believe that their GP can be trusted with disclosure and can offer practical support.

Social Services

Social Services can provide practical assistance and guidance to those suffering from domestic abuse. Contact your local Social Services office for more information.

Domestic Abuse is a serious offence which no one should have to suffer. If you are the victim of such abuse or know of someone who is suffering, please contact the PSNI for advice and assistance.

Sergeant Joanne Eakin│Domestic Abuse │Belfast Public Protection Unit

If you would like any further information on domestic abuse please contact us here at Life Law NI

← Back

Thank you for your response. ✨