CONSULTATION RESPONSE
States of Jersey Employment Forum
Review of Family Friendly Rights
March 2017
1.
The NASUWT welcomes the opportunity to comment on the States of
Jersey Employment Forum’s review of Family Friendly Rights.
2.
The NASUWT is the largest union in Jersey representing teachers and
school leaders.
GENERAL COMMENTS
3.
The NASUWT has long-standing concerns regarding the paucity of
equalities legislation in Jersey. The States should take this opportunity
to enhance family-friendly entitlements as seen in other forward-looking
economies.
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4.
The NASUWT is concerned that, whilst the legislation is only one year old, it is based on research from a decade ago and, as such, does not
reflect the latest updates in other jurisdictions, particularly the UK.
5.
The NASUWT asserts that Jersey requires substantial numbers of
skilled and professional workers primarily from the UK and Europe to
support the Jersey economy. As such, the States should pay close
attention to levels of entitlement to ensure that those offered in Jersey
are competitive with both the UK and other European jurisdictions.
6.
There is a general lack of data regarding family-friendly policies. The
data that is available tends to raise more questions than it answers.
The States should ensure that sufficient, high-quality data is obtained
to fully understand the current picture.
7.
As Jersey’s workforce is becoming increasingly aged,1 and concerns
regarding immigration abound, the States, in particular, should
investigate whether a lack of family-friendly policies have contributed to
the collapse in the birth rate on the island since the mid-20th century.2
1
2
https://www.gov.je/Government/JerseyInFigures/Population/Pages/PopulationStatistics.aspx
https://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/R%20He
alth%20Profile%20Jersey%202014%2020140410%20MM%20v1.pdf
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SPECIFIC COMMENTS
Impact of family-friendly rights since 2015
8.
The NASUWT is concerned that there has been little impact since
2015, as many of the measures simply do not go far enough and do
not address the needs of families living in Jersey.
9.
The Union believes that family-friendly employment rights therefore
need to be revised so that they are ‘fit for purpose’ and reflect the
needs and demands of the workforce in Jersey.
10.
The cost of living in Jersey is widely recognised as being extremely
high. As such, families need enhanced entitlements, particularly in
terms of statutory pay and leave.
11.
The figures provided in the consultation document show that many
women are already taking more leave than their statutory entitlements.
This indicates that a large number of employers are already offering
contractual schemes that contain significant betterments over the
statutory minimum. However, the document gives no details of the
numbers of women and/or men who return to work before using their
statutory entitlement, or the reasons why this may be the case.
12.
Although there are no figures available for those who do not use their
full statutory entitlement, it is reasonable to assume that the lowestpaid will be the hardest hit.
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13.
The consultation document rightly draws attention to the fact that 80%
of parents would have liked to have taken more leave, with 71% of
women stating that financial reasons prevented them from doing so.
This is clear evidence that the current system is not serving working
parents well.
14.
The fact that less than a third of women indicated that it was their
employer that was preventing them from taking further leave does
suggest that the vast majority of employers should have no difficulty in
strengthening maternity entitlements.
15.
Figures from the consultation document also show that two thirds of
men did not take any parental (paternity) leave. This contrasts strongly
with UK research carried out in 2014 by the Institute of Leadership and
Management and reported by the BBC, which found that 75% of men
were taking paternity leave.3
16.
The document also shows that 92% of men would have wanted to take
more leave, but that in most cases it was their employer preventing
them from doing so. What is not clear from the data is whether this
relates to all respondents or just those men that took some leave. If the
former, it strongly indicates that new fathers are coming under
employer pressure not to take leave. If the latter, it indicates that the
current provisions are insufficient.
17.
Additionally, the data does not address why the vast majority of men do
not take any leave at all. If the data relates only to men who took some
3
http://www.bbc.co.uk/news/business-26710507
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leave, then, given the fact that parental leave is unpaid, it is reasonable
to assume the lack of financial support is the primary reason for the low
take-up.
18.
The NASUWT is therefore highly concerned that a significant
proportion of teachers and other workers living in Jersey are being
denied the flexibility they require because the current suite of
legislation fails to provide them with the rights and entitlements that are
seen as common practice in other jurisdictions.
19.
A system that moves towards the development of Shared Parental
Leave and supporting more equal parenting roles should be part of a
solution to enable more parents to play such a role without a damaging
financial penalty.
20.
There is also a need to overcome the large waste of talent and
experience in the workplace and convey the message that having a
career is not incompatible with being a parent/carer.
Proposals for maternity leave and pay
21.
The Union believes that a key determinant of the take-up of maternity
leave is whether it is paid at reasonable-earnings replacement levels,
and that better levels of pay, coupled with at least 52 weeks’ maternity
leave, are needed to ensure that low-income families have an equal
opportunity to take time out to care for their children.
22.
The data in the consultation document clearly shows that the current
level of statutory maternity leave is insufficient, as, on average,
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mothers are taking 11 weeks more than this, and would take more if not for the financial pressures involved. However the data does not
reveal how many new mothers are returning to work before their
statutory leave is exhausted.
23.
The data also shows that the vast majority of employers would be
happy for mothers to take increased levels of leave.
24.
Given that the UK has operated a system of 52 weeks’ leave for some
time, there is no reasonable justification for Jersey not to at least align
with this level.
25.
Furthermore, the competitive nature of the job market between the UK
and Jersey means that the States should look to further enhance
maternity leave entitlements.
26.
It should be noted that many local authorities in the UK further enhance
maternity-leave entitlements. For example, Birmingham City Council
allows an extra 18 weeks for teachers, giving a total entitlement of 70
weeks’ leave.
27.
Because the data also clearly shows that there are substantial issues
of financial pressures preventing extended-leave periods, the States
must bring forward proposals which address these.
28.
The NASUWT is concerned that the level of maternity allowance in
Jersey is not mentioned in the consultation.
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29.
The £200 payment per week is well below average earnings in Jersey,
and the NASUWT believes that this should be substantially increased
to reflect this.
30.
Although there is a premium which exists between the Jersey maternity
allowance and the UK statutory maternity pay, it should be noted that
this, at best, only allows for the increased cost of living in Jersey when
compared to the UK, and that this is paid for a significantly shorter
period than the UK.
31.
As teachers in the island are more likely to earn in excess of £200, this
represents a significant disadvantage to promoting maternity leave
across the teaching profession.
32.
Families face considerable expense around the birth of a child and it is
important that there is adequate income protection to enable more
parents to take sufficient periods of leave and to give more children a
better start in life.
33.
In addition, parents who are in receipt of generous paid-leave
entitlements are more likely to return to work in their previous job,
which suggests that better pay would encourage greater labour market
participation, particularly of women, and boost the retention and
utilisation of their knowledge and skills, whilst at the same time
affording fathers the right to care for their children.
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34.
The provision of maternity allowance should be extended in order to
cover any period of statutory leave not covered by pay from the
employer.
35.
Maternity pay and leave should be a day-one right. The NASUWT can
see no cogent argument as to why many of the family-related
employment rights and entitlements available are not day-one rights.
This would further assist more parents, as well as enhance the appeal
of living and working in Jersey.
36.
The NASUWT believes that the States of Jersey have the potential to
set themselves apart from other jurisdictions by offering 26 weeks’
maternity leave at full pay and 26 weeks’ maternity allowance. This
would engender a true family-friendly culture within the States and
would retain a highly motivated workforce.
37.
The Union is concerned about the lack of clear commitment to the right
to return to the same job after 18 weeks’ leave, and concerned that the
introduction of the inferior right of return to suitable alternative
employment would apply instead.
This is not only potentially
discriminatory and unfair, but it also does not make good business
sense to risk losing skilled and experienced workers.
38.
The NASUWT is deeply concerned that where a pregnant or
breastfeeding employee is subject to enforced leave due to health and
safety risks, there is no statutory right to pay.
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39.
Any enforced leave, regardless of the circumstances, should be
considered as a medical suspension and be subject to full pay and all
other contractual entitlements.
Parental-leave proposals
40.
The NASUWT asserts that there is a clear need for specific paternityleave entitlements as distinct from parental leave.
41.
The NASUWT believes that a total period of 26 weeks’ paid leave
should be available for each child and adopted child, up to their 18th
birthday. This could be limited to four weeks for each child in any one
calendar year, although consideration should be given to extending this
in respect of disabled children.
42.
In addition to general parental leave, the States should bring forward
proposals for dedicated paternity leave. The level and flexibility of this
leave should mirror the current parental-leave entitlements.
43.
As uptake of leave by new fathers is a clear cause for concern,
whereas current parental leave is unpaid with no statutory payment,
the proposals for paternity leave should include at least a commitment
to two weeks’ paternity allowance, the level set being equal to
maternity allowance. However, the NASUWT would strongly urge that
this is paid by the employer at full pay.
44.
As with maternity entitlements, rights to paternity and parental leave
should be day one rights.
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Adoption-leave Proposals
45.
The NASUWT can see no cogent argument as to why the rights and
entitlements of adoptive parents should be any different to those of
biological parents.
46.
As such, all provisions for adoption leave and pay should mirror those
for maternity leave and pay. This would include the provisions for
surrogacy.
47.
The NASUWT supports proposals that allow adoptive parents time off
to attend appointments. However, the Union sees no rationale for this
to be unpaid, given that these are periods of hours rather than days.
Also, such appointments should be a stand-alone entitlement and not
be deducted from any other form of leave.
Antenatal Proposals
48.
If the States of Jersey’s commitment to encourage shared parenting
from the outset is genuine and is considered important to its social
policy, then, in order to get fathers more involved from the outset, it is
important that they are given the appropriate leave.
49.
The NASUWT supports proposals that allow fathers time off to attend
antenatal appointments. However, the Union sees no rationale for this
leave to be unpaid, given that it relates to periods of hours rather than
days. The consultation implies that there may be an acceptable amount
of leave for antenatal appointments which should be permitted, but the
Union believes that provision should be made for complicated
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pregnancies where even more support is needed. Also, antenatal leave
should be a stand-alone entitlement and not be deducted from any
other form of leave.
50.
The NASUWT supports proposals that allow surrogate parents time off
to attend antenatal appointments. However, as above, the Union sees
no rationale for this to be unpaid. The consultation implies that there
may be an acceptable amount of leave for antenatal appointments
which should be permitted, but the Union believes that provision should
be made for complicated pregnancies where even more support is
needed. Also, antenatal leave should be a stand-alone entitlement and
not be deducted from any other form of leave.
Breastfeeding
51.
The NASUWT asserts that there should be a legal obligation on
employers to provide sufficient facilities to allow mothers to continue to
breastfeed and/or express milk.
52.
There is a clear economic benefit to this, as it would permit nursing
mothers who wish to return to the workplace the ability to do so. There
are also major health benefits of breastfeeding for children that would
lessen their future reliance on health and social-care support.
53.
Employers should be obligated to provide not only physical facilities for
breastfeeding and/or expression and/or storage of milk, but also to
provide sufficient paid breaks.
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Flexible working
54.
The NASUWT supports a right for all workers to request flexible working. The Union asserts that it can and does benefit service
provision.
55.
The Union believes that flexible working can bring about an
improvement in women’s engagement with the labour market when
they are caring for children, as it can help open up the number of
vacancies advertised on a flexible-work basis from day one. In addition,
it should assist in ensuring all employees receive the same treatment in
terms of the right to request flexible working.
56.
The NASUWT does not believe that a cogent case can be made
against flexible working being a day-one right. This entitlement from
day one would enable and encourage more parents and carers to
access jobs.
57.
The development of flexible working should enable greater gender
equality in both the workplace and at home, as well as play a role in
promoting greater social mobility.
58.
The Union believes that flexible working would help to break down
stereotypes in relation to parenting that would increase gender
equality. It is clear that, whilst there is a societal expectation that the
woman is the primary carer, there will continue to be a lack of gender
equality or change in societal norms if workplace legislation is not
amended.
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59.
Therefore, a system that moves towards the development of shared
parental leave and supporting more equal parenting will be part of a
solution to enable more parents to play a parental role without a
damaging financial penalty.
60.
There is also a need to overcome the large waste of talent and
experience in the workplace and convey the message that a career is
not incompatible with parenthood.
61.
Any flexible working entitlement should be a day-one right.
Shared parental leave
62.
Shared parental leave should be based on the same provisions as
maternity leave. The NASUWT believes that this will provide parents
with greater choice and flexibility over their childcare arrangements. In
doing so, the Union believes that this should change the culture of
parenting in Jersey by enabling fathers to take extended leave close to
their child’s birth.
63.
Shared parental leave should also be extended to grandparents, as
grandparents are increasingly shouldering the burden of childcare, with
research conducted by Loughborough and Kent Universities on behalf
of the UK Government finding that in 35% of families grandparents are
the main source of childcare.4
4
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181364/CWRC
-00083-2011.pdf
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64.
There should be a period of two weeks reserved for the birth mother around the birth of the child.
65.
The NASUWT believes that the poor uptake of shared parental leave in
the UK is the result of the rate at which it is paid. It is currently paid at
the rate of £139.58 (as of March 2016) or 90% of the normal weekly
earnings, whichever is lower. Therefore Jersey must ensure the
allowance rate is sufficient to allow parents to share leave.
66.
The NASUWT also believes that the take-up of shared parental leave
has been hindered by the process which parents have to go through. It
is bureaucratic in terms of the notification required and the way in
which periods of leave are booked, such as ‘continuous leave’ and
‘discontinuous leave’.
67.
Furthermore, once leave has been booked, the employer can refuse a
period of ‘discontinuous leave’. The onus then reverts back to the
employee to either withdraw the request or modify it. This has been
described as ‘user-unfriendly’.5
68.
The NASUWT believes that this is disappointing and would urge the
States of Jersey to consider carefully the aforementioned points,
especially if the States seriously want to provide additional flexibility
and choice for families and allow fathers to play a greater role in
bringing up their children. Parents should have complete choice
regarding the types of leave they take.
5
http://www.personneltoday.com/hr/shared-parental-leave-hr-professionals-welcome-rightbut-criticise-complexity/
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69.
The NASUWT also believes that the qualifying criteria for shared
parental leave put in place a barrier to its increased uptake by parents.
The Union advocates that the entitlement should be a day-one right in
order to appear fair and equitable in comparison to a woman’s right to
maternity leave without any length of service.
70.
The Union also advocates that parents taking shared parental leave
should be entitled to benefit from the same terms and conditions as
maternity leave, including the right to return to the same job in which
they were employed prior to their leave.
71.
Currently, in the UK, this right is only reserved for those who have
taken a period of leave of 26 weeks or fewer. Without this reassurance,
it is unlikely that the provisions will be used, because the employer can
offer suitable alternative work on their return, rather than the work they
were doing prior to their leave. Furthermore, the NASUWT would argue
that it does not make good business sense to risk losing skilled and
experienced workers.
Chris Keates
General Secretary
For further information on the Union’s response, contact:
Wayne Bates
NASUWT
Hillscourt Education Centre
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Rose Hill
Rednal
Birmingham
B45 8RS
0121 453 6150
www.nasuwt.org.uk
[email protected]
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