Employment Law Update March 2013

Two key changes to report – the increase in unpaid parental leave, and the replacing of CRB checks with Disclosure and Barring checks.

Increase in unpaid parental leave – 8th March 2013

The number of week’s unpaid parental leave that can be taken by employees with at least one year’s service increased from 13 to 18 weeks from 8th March 2013.

Key points to note are:

Entitlement

  • Employees are entitled to 18 weeks unpaid leave for each child born or adopted.
  • The leave can begin when the child is born or adopted, or when the employee has completed one year’s service – whichever event occurs last.
  • The leave can be taken up to the child’s fifth birthday, or up to 5 years after the child has been adopted.
  • Where the child is disabled, this timescale is extended to the child’s 18th birthday.

Making a request

  • The employee must give the employer notice of their intention to take parental leave at least 21 days before that leave will begin.
  • The employer has a right to ask for this notice to be made in writing.
  • Where the employee plans to take parental leave immediately after the birth or adoption, notice should be given to the employer at least 21 days before the start of the expected week of childbirth or adoption.
  • Where this is not possible, for example, because of premature birth or where notice of less than 21 days is given that a child will be placed with an employee for adoption, the employee must give notice as soon as possible to the employer.

Structure of parental leave

  • Parental leave must be taken as a week or blocks of weeks, based on working pattern.
  • A maximum of four weeks can be taken in a year.

Contractual status

  • During a period of parental leave, the employee remains employed and terms including notice and redundancy terms apply.

Disclosure and Barring Service checks

The Criminal Records Bureau and Independent Safeguarding Authority merged at the end of 2012 to become the Disclosure and Barring Service.  CRB checks are now known as DBS checks.

Employers can now pay a fee to the DBS and carry out on line standard checks where a post is exempt from the provisions set out in the Rehabilitation of Offenders Act 1974.  Enhanced checks can be carried out where a job involves work with vulnerable groups in a regulated activity.

Employers can now check on line that no new information has been added since the original check.  This new approach means that DBS checks are now portable and employees no longer need to undergo a new check every time they start a new job.

Further information is available at https://www.gov.uk/government/organisations/disclosure-and-barring-service

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