Employment (Amendment of Law (No. 2) (Jersey) Regulations 201-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 2 February 2018:

Decision Reference: MD-S-2018-0009
Decision Summary Title :	DS Lodge Family friendly Regulations		Date of Decision Summary:	2 February 2018
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	WR Accompanying report - Lodge Family friendly Regulations		Date of Written Report:	2 February 2018
Written Report Author:	Policy Principal		Written Report: Public or Exempt?	Public
Subject: Lodge the Draft Employment (Amendment of Law) (No. 2) (Jersey) Regulations 201–
Decision(s): The Minister decided to lodge ‘au Greffe’ the Draft Employment (Amendment of Law) (No. 2) (Jersey) Regulations 201–
Reason(s) for Decision: The Draft Employment (Amendment of Law) (No. 2) (Jersey) Regulations 201– would amend the Employment (Jersey) Law 2003 from 1 September 2018 to introduce the following improvements to family friendly employment rights from 1 September 2018 - 1. Increase maternity, adoption and parental leave to 26 weeks 2. Increase paid maternity and adoption leave to 6 weeks 3. Introduce 2 weeks of paid parental leave 4. Introduce antenatal appointments for the father/partner 5. Extend the right to request flexible working to all employees The draft Regulations have been developed following consultation undertaken by the Employment Forum during the period January to March 2017. The Forum delivered its recommendation to the Minister on 15 December 2017 which the Minister presented as a Report to the States (R.140/2017, MD-S-2017-0083). The Minister has accepted the Employment Forum’s recommendations for changes to the Employment Law which are intended to improve the position for parents in the workplace, give families more choice and flexibility, and to encourage gender balance in childcare roles.
Resource Implications: Advice, conciliation and enforcement - JACS will continue to provide an independent advisory and conciliation service in relation to employment rights from its annual grant of £363,118 for 2018. The Judicial Greffe holds a separate budget for the Tribunal Service which includes dealing with complaints under the Employment Law. No additional funding or resources would be allocated to these bodies to specifically to deal with the proposed extension to existing employment rights. States Human Resources - There are likely to be cost implications of the proposed removal of the qualifying period for paid weeks of statutory maternity, adoption and parental leave. It is not known how many additional employees will become entitled and choose to take the periods of paid leave. However, based on a number of assumptions, the cost is estimated to be around £120,000 per annum. This assumes a 25% increase in the number of employees qualifying for and taking maternity and parental leave and a weekly pay figure of £848. Any costs will be met from within existing resources.
Action required: Policy Principal to request the Greffier of the States to arrange to lodge the Draft Regulations ‘au Greffe’ on Tuesday 6 February 2018, to be listed for the States sitting of 20 March 2018. Policy Principal to provide copies of a draft consolidated version of the Employment Law to the Bookshop and request that the Greffier of the States arranges for that document to be circulated to States Members prior to the debate for reference, not as part of the Proposition itself.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):