Your Rights : LGBT Excellence Centre Wales

On December 5th 2005 the Civil Partnership Act 2004 came into force. This gives same sex couples to have legal recognition of their relationship. Civil Partnerships will have equal rights and responsibilities to that of a civil marriage.

These rights and responsibilities include:
-Succeed to right of tenancy
-Automatically become next of kin
-Exempt from testifying in court against one another
-Treatment comparable to marriage for life insurance
-Benefits from Pension and Employment
-Tax, including Inheritance Tax
-Registration of Civil Partnership will have merit for the purpose of immigration

Due to some controversy surrounding Civil Partnerships the Government has stated that less information is made public about the partnership. In civil marriages far more information is made public about the couple, where as, in civil partnerships only the names and occupations are made public.
Civil Partnerships are terminated by a Dissolution. This is done in the same way as Divorce for civil marriage.

The Adoption and Children Act 2002 came into force in 2005. This law enables same sex couple to apply to adopt a child married or unmarried. The couple has to prove that they are in a stable and lasting relationship and that they can provide a loving relationship for a child.
Unfortunately Catholic adoption agencies are still discriminating against same sex couples even though this is unlawful.

The Employment Act 2002 brought many changes to parental rights at the work place.

Maternity Leave
-Compulsory Maternity Leave:
This is a period of 2 weeks, after the mother has given birth the mother is not permitted to work.

-Ordinary Maternity Leave:
All pregnant employees are entitled to take 26 weeks leave. There is no qualifying period.

-Additional Maternity Leave
This begins at the end of the Ordinary Maternity Leave and is for a further 26 weeks. Part of this is unpaid. Some organisations are more generous than others on their maternity leave policy.

Other Pregnancy Rights (brief list)
-Paid time off for antenatal care
-Return to the job, or equivalent status with same pay, conditions and benefits.
-Time off to attend ante-natal appointments.

If a pregnant woman is treated less favorably for being pregnant it is unlawful. If an employer changes her terms of employment or dismisses her this constitutes a form of sex discrimination to which the employer could be liable.

Paternity Leave
This applies to the Partner of the mother or adopter of the child in an enduringfamily relationship but is not a relative.

Civil Partners have the same rights as married couples, furthermore the entitlement to leave is based on the relationship with the mother, therefore same sex couples have the same paternity and adoption leave rights.

Parental Leave
Employees who have been employed for a minimum of 1 year can be eligible for 13 weeks parental leave. Parental leave can be taken for each of your children up until the child is aged 5. If the child is adopted, you can take up to 13 weeks up until the 5th anniversary of their placement with you (until the child reaches 18 years of age). If the child is disabled, you are entitled to take up to 18 weeks.

Flexible Working
You have a right to request flexible working hours to care for a child if you are a parent of guardian of a child under 6 years of age (or under 18 years if the child is disabled). Flexible working hours can also be requested to care for a spouse/partner or adult relative. To be eligible the following criteria applies:-
-Be an employee who has worked for the employer for over 26 weeks continuously.
-Have not made a previous request for flexible working hours within the previous 12 months.

Some examples of flexible working hours:
-Part Time
-Flexi-time
-Job sharing
-Compressed hours
-Staggered hours

The employer has the right to decline the request for flexible working hours.

Disclaimer
*This is information does not constitute legal advice

Search

Main Menu

Login