Employment (Amendment of Law) (No. 2) (Jersey) Regulations 2018

Made                                                                       22nd March 2018

Coming into force                                                  1st September 2018

THE STATES, in pursuance of Articles 55A(3), 55S(6) and 104 of the Employment (Jersey) Law 2003[1], have made the following Regulations –

1        Interpretation

In these Regulations, a reference to an Article by number and without more is a reference to the Article of the same number in the Employment (Jersey) Law 2003[2].

2        Part 3A amended

(1)     In Article 15A(1) –

(a)     for the words “A qualifying” there shall be substituted the word “An”; and

(b)     after sub-paragraph (c), the comma and the words “and the reason for the change is to enable the employee to provide care for another person” shall be deleted.

(2)     Article 15A(2)(c), 15A(3) and 15A(4) shall be deleted.

(3)     After Article 15A(5) there shall be added the following paragraph –

“(6)    Where an employee has any right, arising under the employee’s contract of employment or otherwise, which corresponds to the entitlement conferred by paragraph (1) to make an application for a change in his or her terms and conditions of employment –

(a)     the employee may not exercise both the entitlement conferred by paragraph (1) and the corresponding right, but may, in requesting any change to his or her terms or conditions of employment, rely on whichever of the entitlement, or the right, is the more favourable; and

(b)     if he or she relies, under sub-paragraph (a), upon such a corresponding right as more favourable, the provisions relating to an application under this Article shall apply, subject to such modifications as may be necessary, in relation to that right as though the exercise of it were such an application.”.

(4)     In Article 15B(5) –

(a)     after the semi-colon at the end of sub-paragraph (e) there shall be added the word “or”;

(b)     in sub-paragraph (f) –

(i)      for the semi-colon there shall be substituted a full stop, and

(ii)      the word “or” shall be deleted; and

(c)     sub-paragraph (g) shall be deleted.

3        Article 55A amended

In Article 55A(1), in the definition “compulsory maternity leave period” for the number “2” there shall be substituted the number “6”.

4        Article 55B amended

(1)     For Article 55B(1) and (2) there shall be substituted the following paragraphs –

“(1)    An employee in relation to whom this Article applies as provided by paragraph (1A) or (1B) is entitled, subject to paragraph (2), to be permitted by her or his employer to take time off during the employee’s normal working hours for the purpose stated in either paragraph (1A) or (1B), whichever is applicable.

(1A)   This Article applies –

(a)     in relation to an employee who –

(i)      is pregnant, and

(ii)      has made an ante-natal appointment;

(b)     for the purpose of enabling the employee to keep that appointment.

(1B)   This Article applies –

(a)     in relation to an employee who has a qualifying relationship with a pregnant woman or her expected child;

(b)     for the purpose of enabling the employee to accompany the woman when she attends an ante-natal appointment in Jersey.

(2)     An employee is not entitled to take time off under paragraph (1) unless, if the employer so requests, the employee produces for the employer’s inspection –

(a)     in the case of an employee to whom this Article applies by virtue of paragraph (1A) –

(i)      a certificate from a registered medical practitioner, registered midwife or registered nurse stating that the employee is pregnant, and

(ii)      an appointment card or other document showing that the ante-natal appointment has been made;

(b)     in the case of an employee to whom this Article applies by virtue of paragraph (1B) –

(i)      a declaration, signed by the employee, to the effect that the purpose of his or her absence from work will be that specified in paragraph (1B)(b) and that he or she has a qualifying relationship as required by paragraph (1B)(a), and

(ii)      such evidence that the ante-natal appointment has been made as the employer may reasonably require.”.

(2)     In paragraph (3) for the words “Paragraph (2)” there shall be substituted the words “Paragraph (2)(a)”.

(3)     For paragraphs (4) and (5) there shall be substituted the following paragraph –

“(4)    For the purposes of this Article –

(a)     the normal working hours of an employee shall be taken to be any time when, in accordance with the employee’s contract of employment, the employee is normally required to work;

(b)     an ‘ante-natal appointment’ means an appointment made by a pregnant woman, on the advice of a registered medical practitioner, registered midwife or registered nurse, to attend at any place for the purpose of receiving ante-natal care (which does not include ante-natal classes to prepare the woman for motherhood); and

(c)     a person has a ‘qualifying relationship’ with a pregnant woman or her expected child if the person is –

(i)      married to, or the civil partner or partner of, the pregnant woman, or

(ii)      the father of the expected child.”.

5        Article 55C amended

(1)     In Article 55C(1) after the words “under Article 55B” there shall be inserted the words “for the purpose stated in paragraph (1A) of that Article”.

(2)     After Article 55C(1) there shall be inserted the following paragraph –

“(1A) An employee who is entitled to take time off under Article 55B for the purpose stated in paragraph (1B) of that Article is entitled to be paid remuneration by his or her employer –

(a)     at the appropriate hourly rate; and

(b)     for a total period (which need not be continuous) not exceeding 10 hours,

whether or not the employer has permitted the employee to take the time off.”.

(3)     In Article 55C(4) for the words “paragraph (1)” there shall be substituted the words “this Article”.

(4)     In Article 55C(5) –

(a)     for the words “under her contract” there shall be substituted the words “under his or her contract”; and

(b)     for the words “paragraph (1)” in each place in which they occur there shall be substituted the words “this Article”.

6        Article 55D amended

(1)     In Article 55D(1) for the word “permit” there shall be substituted the word “require”.

(2)     In Article 55D(2) –

(a)     for the words preceding sub-paragraph (a) there shall be substituted the words “An employee who would normally have been required, under her contract of employment, to work during that period –”;

(b)     in sub-paragraph (a) for the number “2” there shall be substituted the number “6”.

(3)     For Article 55D(3) there shall be substituted the following paragraph –

“(3)    For the purposes of paragraph (2)(a), the appropriate weekly rate is the amount of one week’s pay, calculated in accordance with Schedule 1.”.

7        Article 55E amended

(1)     For Article 55E(2) and (3) there shall be substituted the following paragraph –

“(2)    An employee who is entitled under paragraph (1) to ordinary maternity leave is entitled to a total period of 20 weeks of such leave (in addition to 6 weeks’ compulsory maternity leave).”.

(2)     In Article 55E(5) –

(a)     at the end of sub-paragraph (a) after the semi-colon, there shall be added the word “and”;

(b)     at the end of sub-paragraph (b) –

(i)      for the semi-colon there shall be substituted a full stop, and

(ii)      the word “and” shall be deleted; and

(c)     sub-paragraph (c) shall be deleted.

8        Article 55I amended

(1)     Article 55I(5) shall be deleted.

(2)     In Article 55I(7) for the word “days’” there shall be substituted the word “day’s”.

9        Article 55K amended

For Article 55K(3) to (5) there shall be substituted the following paragraphs –

“(3)    Where the employer so requests, the employee must also provide evidence in writing of the date specified in accordance with paragraph (1)(c)(i) in the notice given to the employer.

(4)     An employee who is entitled under paragraph (1) to adoption leave is entitled to a total period of 26 weeks of such leave.

(4A)   An employee who would normally have been required, under his or her contract of employment, to work during the first 6 weeks’ period of his or her adoption leave –

(a)     shall not be required to work by his or her employer;

(b)     is entitled to be paid remuneration amounting to 6 weeks’ pay at the appropriate weekly rate;

(c)     is entitled to the benefit of all of the terms and conditions of employment which would have applied if he or she had not been absent; and

(d)     is bound by any obligations arising under those terms and conditions (subject only to any exceptions in this Part),

during that 6 weeks’ period.

(4B)   For the purposes of paragraph (4A)(b), the appropriate weekly rate is the amount of one week’s pay, calculated in accordance with Schedule 1.

(4C)   Any remuneration paid to an employee under his or her contract of employment in respect of a period of paid adoption leave under paragraph (4A) goes towards discharging any liability of the employer to pay remuneration under that paragraph in respect of that period; and conversely, any payment of remuneration under paragraph (4A) in respect of such a period goes towards discharging any liability of the employer to pay remuneration under the employee’s contract of employment in respect of that period.

(4D)   Any remuneration to be paid by an employer under paragraph (4A) shall be reduced by any amount that the employee receives by way of short term incapacity allowance under Article 15 of the Social Security (Jersey) Law 1974[3] in respect of the period of paid adoption leave.”.

10      Article 55M amended

In Article 55M for the words “55I(1), (2), (3), (4), (6) and (7)” there shall be substituted the word “55I”.

11      Article 55N amended

(1)     In Article 55N(1) for the words “a total of 2 weeks’ unpaid” there shall be substituted the words “a total period of 26 weeks’ ”.

(2)     After Article 55N(4) there shall be inserted the following paragraphs –

“(4A) An employee who would normally have been required, under his or her contract of employment, to work during the first 2 weeks’ period of his or her parental leave –

(a)     shall not be required to work by his or her employer;

(b)     is entitled to be paid remuneration amounting to 2 weeks’ pay at the appropriate weekly rate;

(c)     is entitled to the benefit of all of the terms and conditions of employment which would have applied if he or she had not been absent; and

(d)     is bound by any obligations arising under those terms and conditions (subject only to any exceptions in this Part),

during that 2 weeks’ period.

(4B)   For the purposes of paragraph (4A)(b), the appropriate weekly rate is the amount of one week’s pay, calculated in accordance with Schedule 1.

(4C)   Any remuneration paid to an employee under his or her contract of employment in respect of a period of paid parental leave under paragraph (4A) goes towards discharging any liability of the employer to pay remuneration under that paragraph in respect of that period; and conversely, any payment of remuneration under paragraph (4A) in respect of such a period goes towards discharging any liability of the employer to pay remuneration under the employee’s contract of employment in respect of that period.

(4D)   Any remuneration to be paid by an employer under paragraph (4A) shall be reduced by any amount that the employee receives by way of short term incapacity allowance under Article 15 of the Social Security (Jersey) Law 1974 in respect of the period of paid parental leave.”.

12      Article 55O amended

(1)     For Article 55O(1) there shall be substituted the following paragraph –

“(1)    In the absence of any relevant agreement to more favourable effect between the employer and the employee, an employee may choose to take the 26 weeks of parental leave to which he or she is entitled under Article 55N(1), in respect of any one child –

(a)     in no more than 3 separate periods; and

(b)     for no less than 2 weeks in the case of each such period.”.

(2)     In Article 55O(2)(a) and (b) for the number “8” in each place in which it occurs there shall be substituted the number “52”.

13      New Article 55QA inserted

After Article 55Q there shall be inserted the following Article –

“55QA   Arrangements during parental leave

Articles 55G, 55H, 55I and 55J shall apply to an employee who takes parental leave in the same way as if the employee had taken ordinary maternity leave.”.

14      Article 55S amended

For Article 55S(4) there shall be substituted the following paragraph –

“(4)    For the purposes of paragraph (3), the ‘relevant date’ mentioned in sub-paragraph (3)(a) is –

(a)     in the case of an alleged contravention of Article 55B(1), the date of the ante-natal appointment referred to in either Article 55B(1A) or (1B) (whichever is the provision by virtue of which Article 55B applies in the particular case);

(b)     in the case of an alleged contravention of any of Articles 55C(1) or (1A), 55D(2) or (3), 55K(4A) or (4B), or 55N(4A) or (4B), the date which is 28 days after the date on which the employee concerned would expect normally to receive remuneration for the period during which he or she is absent;

(c)     in the case of an alleged contravention of Article 55D(1), the date of the day immediately following the day on which the compulsory maternity leave period ends;

(d)     in the case of an alleged contravention of any of Articles 55E(1) or (2), 55F(1), (4) or (6), 55G, 55I or 55J (other than a contravention such as mentioned in sub-paragraph (e)), the date of the day immediately following the day on which the ordinary maternity leave period ends;

(e)     in the case of an alleged contravention of rights connected with the adoption of a child conferred by any of Articles 55G, 55I, 55J (in each case as applied by Article 55M) or 55K(1) or (4), the date of the day immediately following the day on which the adoption leave period ends;

(f)      in the case of an alleged contravention of rights connected with parental leave conferred by any of Articles 55G, 55I or 55J (in each case as applied by Article 55QA) or 55N(1), the date of the day immediately following the day on which the parental leave period ends;

(g)     in the case of an alleged contravention of any of Articles 55O, 55P(4) or 55Q, the date of the day immediately following the day on which there ends the period of 52 weeks mentioned in sub-paragraph (a) or (b) of Article 55O(2) (whichever is the provision applying in the particular case).”.

15      Transitional provision

The amendments to the Employment (Jersey) Law 2003 made by Regulations 3 and 5 to 14, in so far as these relate to extended periods of maternity, adoption or parental leave, shall have effect only in relation to employees whose expected week of childbirth, or, as the case may be, of adoption begins on or after 2nd September 2018.

16      Citation and commencement

These Regulations may be cited as the Employment (Amendment of Law) (No. 2) (Jersey) Regulations 2018, and shall come into force on 1st September 2018.

L.-M. HART

Deputy Greffier of the States

 


 



[1]                                    chapter 05.255

[2]                                    chapter 05.255

[3]                                    chapter 26.900


Page Last Updated: 12 Apr 2018