BBC Parental Leave protection

Advice has been issued to BECTU members in the BBC to protect their rights under Parental Leave legislation.

Under new legislation, resulting from a European Directive, working parents with natural or adopted children are entitled to parental leave of up to three months in the first five years of each child's life, and "dependant leave" to deal with domestic and family emergencies.

The new law came into effect on 15 December 1999, and the BBC has accepted that the new provisions must be written into the relevant union agreement.

However, the union has challenged the right of the BBC to exclude children currently under five years of age, born before 15 December 1999 - the UK government's interpretation of the European Directive.

The TUC has accused the UK government of failing to implement the Directive in full and is referring the issue to European level.

The BBC's proposals also mean that Parental Leave will be unpaid - legal under UK law - and will have to be taken in blocks of one week, with three weeks notice.

BECTU has condemned these two conditions on leave, which are not part of the new legislation, and has asked the management to drop them.

Negotiations are continuing between the unions and the BBC on Parental Leave, and in the meantime the union's lawyers have issued the following advice:

If you have children born before 15 December 1999 and you wish to take Parental Leave, then you should request the leave in writing. When the BBC refuses it, contact us [BECTU] and we will lodge a claim on your behalf with an Industrial Tribunal. The claim will not be pursued but will protect your rights in the event of the British government being overruled in Brussels.

You only have three months from when the BBC refuses you the Parental Leave in which to lodge the IT claim. Do not miss the deadline.

The legislation includes a minimum of one year's employment before Parental Leave can be taken.