Maternity / Paternity Rights
We can advise you on your maternity (and paternity) rights, parental leave, flexible working rights, and claims arising if things go wrong.
Under statute all (female) employees have the right to 52 weeks' maternity leave and 39 weeks' of maternity pay. Individual employers may offer more generous schemes but are not obliged to do so. A woman on maternity leave is not entitled to receive her usual pay and instead is entitled to Statutory Maternity Pay or Maternity Allowance. The woman must be paid all non-cash benefits during her maternity leave - such as a company car.
Maternity leave cannot start before the beginning of the 11th week prior to the expected week of childbirth, unless the woman is absent from work because of a pregnancy related illness.
One of the most important aspects of the legislation in this area is that it gives the woman the right to return to her old job after her maternity leave has finished and on the same terms and conditions as when she left. Many disputes can arise and we are very experienced in advising on the applicable rights and potential claims that can be made.
Female employees with at least one year's employment experience with their employer can take up to 13 weeks unpaid parental leave and that can be added on to the end of the maternity leave period if so desired.
Paternity leave is also available to those employees who have a child born to their partner (or they adopt). The father can take up to two weeks paternity leave up to 8 weeks after the date of birth or date of adoption. The father will be entitled to statutory paternity leave during this period.
For more information on maternity and paternity rights click here to go to the DirectGov website
Please call us on 0207 464 8433 for further advice.