Introduction of The Maternity Leave and Adoption Leave (Guernsey) Ordinance, 2016

From today the Maternity Leave and Adoption Leave (Guernsey) Ordinance, 2016 comes into force. A link to the Ordinance can be found here.

The Ordinance introduces the following rights to statutory maternity leave for pregnant employees due to give birth on or after 7 August 2016 and who have complied with the relevant statutory requirements:

  • 12 weeks' basic maternity leave (which includes two weeks of compulsory statutory maternity leave, during which it is an offence for an employer to permit the mother to work) regardless of service; and
  • 14 weeks' additional maternity leave where employees have 15 months or more service at the beginning of the eleventh week before their due date.

A number of other provisions are also introduced, including:

  • Adoption leave on broadly equivalent terms to those set out above in respect of pregnant women.
  • A right for employees returning from statutory maternity leave to return to the job in which they were employed before their absence. Where it is not reasonably practicable to allow the employee to return to that job, the employer can offer another job which is both suitable and appropriate in the circumstances.
  • Two weeks of statutory maternity support leave for the partner of a pregnant woman (or other, nominated person) providing that the partner has worked for his or her current employer for 15 consecutive months at the beginning of the eleventh week before the baby's due date.
  • Statutory time off to attend ante-natal appointments and the ability to work for up to 10 days while on maternity leave without losing entitlement to maternity leave or benefits ("Keep In Touch" or KIT days).


New procedural rules regarding the Jersey Employment and Discrimination Tribunal

The Employment and Discrimination Tribunal (Procedure) Order 2016 also comes into force today. The Order deals with all aspects of case management in relation to claims being heard in the Jersey Employment and Discrimination Tribunal. A link to the Order can be accessed here.

Update to Jersey minimum wage

The minimum wage in Jersey will rise from ​£6.78 to £6.97 per hour. There will also be increases to other associated amounts such as the minimum wage for trainees undergoing approved training. Minimum training rates will rise from £5.09 to £5.23 per hour in respect of a first year trainee and from £5.93 to £6.10 per hour for a second year trainee.

The maximum values that may be offset each week against the minimum wage where accommodation or accommodation and food are provided to an employee are also revised upwards as follows:

  • £76.29​ (for accommodation); and
  • £101.71​ (for accommodation and food).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.