Long title | An Act to make provision for statutory rights to paternity and adoption leave and pay; to amend the law relating to statutory maternity leave and pay; to amend the Employment Tribunals Act 1996; to make provision for the use of statutory procedures in relation to employment disputes; to amend the law relating to particulars of employment; to make provision about compromise agreements; to make provision for questionnaires in relation to equal pay; to make provision in connection with trade union learning representatives; to amend section 110 of the Employment Rights Act 1996; to make provision about fixed-term work; to make provision about flexible working; to amend the law relating to matervkhnity allowance; to make provision for work-focused interviews for partners of benefit claimants; to make provision about the use of information for, or relating to, employment and training; and for connected purposes. |
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Citation | 2002 c.22 |
Introduced by | Patricia Hewitt, Secretary of State for Trade and Industry |
Territorial extent | United Kingdom |
Status: Amended | |
Text of the Employment Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Employment Act 2002 (c 22) is a UK Act of Parliament, which made a series of amendments to existing UK labour law.
The Employment Act 2002 contained new rules on maternity, paternity and adoption leave and pay, and changes to the tribunal system in the United Kingdom.
Paternity leave is when a male counterpart is able to have time off to spend with the child and the mother while receiving paid leave. Maternity leave is one which is included with the leave a mother should get when she has given birth to a child. In the UK a pula would get 26 weeks of paid leave for time they will need to spend with their child.
Also, under this Act, there were many other factors such as equal pay, fixed-term work, flexible working.
The Act introduced a mandatory minimum dismissal procedure for employees. After complaints from unions and employers alike that it was merely encouraging a "tick-box" culture, it was repealed in the Employment Act 2008.
Child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a guardian.
DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father are in issue and a child's paternity is in doubt. Tests can also determine the likelihood of someone being a biological grandparent. Though genetic testing is the most reliable standard, older methods also exist, including ABO blood group typing, analysis of various other proteins and enzymes, or using human leukocyte antigen antigens. The current techniques for paternity testing are using polymerase chain reaction (PCR) and restriction fragment length polymorphism (RFLP). Paternity testing can now also be performed while the woman is still pregnant from a blood draw.
The labour law concept of leave, specifically paid leave or, in some countries' long-form, a leave of absence, is an authorised prolonged absence from work, for any reason authorised by the workplace. When people "take leave" in this way, they are usually taking days off from their work that have been pre-approved by their employer in their contracts of employment. Labour laws normally mandate that these paid-leave days be compensated at either 100% of normal pay, or at a very high percentage of normal days' pay, such as 75% or 80%. A furlough is a type of leave.
Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave" to describe separate family leave available to either parent to care for small children. In some countries and jurisdictions, "family leave" also includes leave provided to care for ill family members. Often, the minimum benefits and eligibility requirements are stipulated by law.
Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Pregnancy discrimination may also take the form of denying reasonable accommodations to workers based on pregnancy, childbirth, and related medical conditions. Pregnancy discrimination has also been examined to have an indirect relationship with the decline of a mother's physical and mental health. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.
The Employment Relations Act 1999 is an Act of Parliament of the United Kingdom. It made significant amendments in UK labour law to the Trade Union and Labour Relations (Consolidation) Act 1992.
Paternity fraud is one form of misattributed paternity or paternal discrepancy. Specifically, paternity fraud is when a man is intentionally misidentified as the biological father of a child by its mother when she knew or should have known of the non-paternity event by which the man was not or likely was not the father. The underlying presumption and distinction of "paternity fraud" from other forms of misattributed paternity or paternal discrepancy is that the mother knowingly misidentified the biological father, as opposed to it being without intention or knowledge of the female, or even accidental, including use of the wrong sperm specimen during IVF, or impregnation of an unconscious rape victim.
Sick leave is paid time off from work that workers can use to stay home to address their health needs without losing pay. It differs from paid vacation time or time off work to deal with personal matters, because sick leave is intended for health-related purposes. Sick leave can include a mental health day and taking time away from work to go to a scheduled doctor's appointment. Some policies also allow paid sick time to be used to care for sick family members, or to address health and safety needs related to domestic violence or sexual assault. Menstrual leave is another type of time off work for a health-related reason, but it is not always paid.
The Labor Code of the Philippines is the legal code governing employment practices and labor relations in the Philippines. It was enacted on Labor day, May 1, 1974, by President Ferdinand Marcos in the exercise of his then extant legislative powers.
Child care in the United Kingdom is supported by a combination of rights at work, public sector provision and private companies. Child care is usually undertaken by the parents, and more often the mother who takes leave from employment. Early childhood education in a crèche or nursery is not freely available from the public sector, while fee-paying pre-schools are.
The Additional Paternity Leave Regulations 2010 are a statutory instrument involving UK labour law, which introduced a basic right for mothers to transfer their right to unpaid leave to their partner if the mother has returned to work.
The Paternity and Adoption Leave Regulations 2002 are a statutory instrument concerning UK labour law. They confer on fathers a bare right to two weeks leave, paid at £140.98 in 2017, for the purpose of looking after children.
The Maternity and Parental Leave etc. Regulations 1999 is a statutory instrument, concerning UK labour law, which details the rights to maternity and parental leave for employees in the United Kingdom.
Shared earning/shared parenting marriage, also known as peer marriage, is a type of marriage where partners at the outset agree to adhere to a model of shared responsibility for earning money, meeting the needs of children, doing household chores, and taking recreation time in near equal fashion across these four domains. It refers to an intact family formed in the relatively equal earning and parenting style from its initiation. Peer marriage is distinct from shared parenting, as well as the type of equal or co-parenting that father's rights activists in the United States, the United Kingdom and elsewhere seek after a divorce in the case of marriages, or unmarried pregnancies/childbirths, not set up in this fashion at the outset of the relationship or pregnancy.
Parental leave is regulated in the United States by US labor law and state law. The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for parents of newborn or newly adopted children if they work for a company with 50 or more employees. As of October 1, 2020, the same policy has been extended to caregivers of sick family members, or a partner in direct relation to the birth of the child therefore responsible for the care of the mother. Although 12 weeks are allowed to them, on average American fathers only take 10 days off, due to financial need. Beginning in 2020, California, New Jersey, and Rhode Island required paid parental leave to employees, including those a part of 50 or less employees. There is no paid paternity leave in the United States currently.
The Organisation for Economic Co-operation and Development provides data about OECD countries related to paid parental leave length, average pay rate and full-rate equivalent. Not all countries provide mothers with a pay rate equal to what they would have received if the absence had not occurred.
The Maternity (Amendment) Bill 2017, an amendment to the Maternity Benefit Act, 1961, was passed in Rajya Sabha on 11 August 2016, in Lok Sabha on 9 March 2017, and received an assent from President of India on 27 March 2017. The Maternity Benefit Act, 1961 protects the employment of women during the time of her maternity and entitles her of a 'maternity benefit' – i.e. full paid absence from work – to take care for her child. The Act is applicable to all establishments employing 10 or more than 10 persons in Factories, Mines, Plantation, Shops & Establishments and other entities. Establishments employing 50 or more employees are also required to provide crèche facilities, either separately or along with common facilities within a prescribed distance.
In Italy, maternity leave is compulsory and women must take up to two months off from work before her due date and three months off after the baby's birth. In certain scenarios, women may ask their employers for more time off before the baby's due date if her pregnancy is considered at risk and if her workplace puts her health or her baby's in danger. In some instances, women can request to work up to one month before her due date with the approval of her doctor and employer. However, this means that she will have to take a total of four months off after the birth of her child.
The Ministerial and other Maternity Allowances Act 2021 is an Act of Parliament that allows ministers and paid opposition figures to take up to six months maternity leave at full pay.