MOrsel - Employment Forum recommends overhaul of family friendly rights in Jersey

Jersey's framework for family friendly rights is on course to be fundamentally reshaped, as a result of recommendations that have been made by the Employment Forum. 

The Forum, Jersey's consultative body for changes to employment law, was invited to review the existing package of family friendly rights in Jersey, and recommend whether these should be extended. 

The recommendations, published today, would overhaul the current framework and introduce a new system of Parental Leave for both parents, available to all employees from "day 1" of their employment.

Under the proposals, Parental Leave would be available for a total of 52 weeks to be taken in blocks of up to four, and to include 6 weeks' paid leave.  The new Parental Leave would not only replace current maternity, paternity and adoption rights, but also cover intended surrogacy parents. 

Additional proposals include the creation of new rights to:

• Time off to attend antenatal appointments for fathers and partners (including up to 10 hours' paid);
• Time off to attend adoption appointment for both adoptive parents (paid for one parent, and up to 10 hours' paid for the other);
• Request flexible working for all employees, with no prior qualifying period of employment;
• Request reasonable breaks for breastfeeding employees, with a corresponding obligation for employers to take reasonable steps to provide facilities in the workplace; and
• Paid absence where, following risk assessment, a pregnant or breastfeeding employee is prevented from undertaking her normal job and alternative duties cannot be provided.

The Forum's recommendations review in detail the consultation responses that were received from Jersey employers, employees and other groups such as business and trade union associations. 

In considering the areas which inevitably will draw most attention – namely, leave and pay for new parents – the Forum emphasises the role of Jersey's employment law framework in creating a fair, balanced and attractive workplace.  The Forum notes that unpaid maternity leave in particular should be viewed as a "social right to protect the family rather than a reward for long service or loyalty".

Acknowledging some consultation responses from employers, and perhaps anticipating how aspects of the proposals are likely to be received, the Forum has limited its proposals for paid parental leave to 6 weeks for all employees.  However, Ministers have been invited to consider legislating to require the States of Jersey (rather than employers) to fund a further 6 weeks' paid leave. In reaching this conclusion, the Forum noted that the States of Jersey already provides its own employees with 12 weeks' maternity pay, significantly beyond the current statutory requirements.

To cushion the business and financial impact of its recommendations, the Forum has proposed a phased introduction of the new Parental Leave framework.  As a first step, new parents would be entitled to 26 weeks' leave (including 6 weeks' paid maternity leave and 2 weeks' paid paternity leave) from September 2018; the full new entitlements would then come into force from September 2019.

Whilst the Forum's recommendations still require consideration and approval by the States Assembly, it would be a surprise if the proposals are not broadly accepted.   Albeit with plenty of detail yet to be confirmed, employers should therefore start planning now for what promises to be a dramatic shift in the landscape for family friendly rights in Jersey.

Please do get in touch to discuss the Forum's recommendations, and the implications of these for your workforce.