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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
What is the right to parental leave? What is parental leave and who is entitled to it? For the purposes of parental leave, how is "parental responsibility" defined? Does the statutory fallback position on taking parental leave vary where the child in question is disabled? What are the procedures for taking parental leave? Can both parents of a child take parental leave in relation to that child? What is the procedure for postponing parental leave under the fallback provisions? Can a period of just one day's parental leave be taken? Must employees be paid during parental leave? What happens if an employer refuses to grant parental leave? What rights and benefits must be maintained during a period of parental leave? Is an employee entitled to return to the same job after parental leave? Does a period of parental leave break continuity of service? Can an employee take a period of parental leave immediately following the end of her maternity leave? Does an employee have the absolute right to take parental leave following on directly from maternity leave or can the period of parental leave be postponed for business reasons? Where an employee takes ordinary or additional paternity leave followed immediately by more than four weeks' parental leave, is he entitled to return to his original job? Can an employee take a week's parental leave where the child's fifth birthday falls during that week?
The employer should conduct a job analysis to establish if the employee's work could be postponed until his return or performed by his colleagues during his absence, or if it needs to appoint an individual from outside the organisation to perform the employee's role on a temporary basis. The job analysis will determine the strengths and weaknesses of the different options by identifying: the employee's duties; the skills and knowledge required to perform each task and whether or not the employee's colleagues possess such skills and knowledge; how long each task takes; the upstream and downstream processes in respect of each task; the key stakeholders; and the business criticality of each task. The employer could use the job analysis to put together a job description and person specification if it needs to recruit for the role.
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