Chapter 6 Multiple choice questions

1. Is it legally possible to turn down an applicant for a job because she is pregnant?

Yes, it must be possible because the employee will only be in the job a short time before she goes off on maternity leave.

No, it would amount to direct sex discrimination.

Only if the applicant was more than 3 months pregnant.

Yes, if the employer is a small firm who would not be able to deal with the consequences.

2. Is it possible to replace a temporary worker who is pregnant and on maternity leave with a permanent replacement?

Yes; it must make sense to do so.

No; the employer probably had the option of replacing her before she took leave, but did not do so.

Yes; a permanent recruit must always take priority over a temporary worker.

No; it would be very upsetting for the temporary worker during her pregnancy.

3. Is it possible for an employee on maternity leave to come back to work, in order to keep in touch, without compromising her maternity leave entitlement?

No, if she does come back that will automatically bring her maternity leave to an end.

No, if someone is on maternity leave, then she should stay there. It is unfair to be on leave and to work at the same time.

Yes, for up to ten days during her leave in order to stay in touch and keep up her work skills.

Yes, she is likely to be short of money during her leave, so should have the opportunity of earning some.

4. Is it possible for an employee to return to work before the end of her maternity leave - what must she do to make this happen without a penalty?

No, once you have started maternity leave you are obliged to stay away from work until it is finished.

No, unless you can prove that you have adequate child care in place.

Yes, provided that you have an employer who is willing for you to bring the baby to work with you.

Yes, provided you give 8 weeks' notice of your intention to return.

5. Is it possible to dismiss someone for redundancy if she is absent on maternity leave?

Yes, if someone's job is redundant then it must be possible to dismiss them even if they are on maternity leave.

No, it is impossible to dismiss anyone on maternity leave.

Yes, provided it has nothing to do with the pregnancy or maternity leave and the individual has been offered any suitable alternative employment.

No, because it would be unfair to dismiss someone who was absent from work at the time the decisions were made.

6. 'The maximum age of a child for whom parental leave can be taken is 18 years old.' Is this statement correct?

Yes, unless the employer agrees to something different.

No, there are a number of exceptions, including children with a disability, adoptive situations, and where the delay in taking leave is the employer's decision.

No, because many children can be looked after by child carers so there is not a need for a uniform maximum age.

Yes, because that is what the Regulations state.

7. Can parental leave be taken in small lots, say one or two days at a time?

Yes, if the employer has agreed to this.

No, because the Regulations say it must be taken in one week blocks.

No, because it would not be good for the child just to meet a parent on occasional days, rather than a whole week at a time.

Yes, because parents do not know when they are going to need time off to deal with problems arising from child care.

8. Can an employer postpone the taking of parental leave by an employee?

No, it would be really unfair if employers had the power to do this.

Yes, if it is likely to disrupt the operation of the business.

Yes, because the employer is able to delay the taking of parental leave indefinitely.

No, because if he or she did so it would be a breach of the Maternity and Parental Leave Regulations.

9. Are parents allowed time off to deal with child care emergencies?

No, because it would be impossible for an employer to carry on its business if employees were able to take unplanned days off.

Yes, but only for large businesses. Small employers are exempt because of the difficulties it would cause them.

No, unless it is contained in a collective agreement.

Yes, provided that it is for an unexpected event.

10. Can an employer refuse an application for flexible working from an employee?

Yes, but only for one of a limited number of reasons.

Yes, because an employer must be able to run their business in any way they wish to.

No, otherwise the law would be ineffective.

Not usually, but pregnant employees are an exception.

Chapter 6 Multiple choice questions

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