Navigating employee rights during maternity and paternity leave can be complex. Understanding these rights ensures that both employees and employers comply with legal requirements and create a supportive work environment. This blog provides essential employment law advice on maternity and paternity leave, helping you understand your entitlements and obligations.
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What is Maternity Leave?
Maternity leave allows new mothers to take time off work around the birth of their child. Employees are entitled to 52 weeks of maternity leave, divided into 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave. During this period, employees have the right to return to their job or a suitable alternative if their original role is no longer available as per Employment Law.
Maternity Pay Entitlements
During maternity leave, employees may be entitled to Statutory Maternity Pay (SMP) or Maternity Allowance, depending on their eligibility. SMP is payable for up to 39 weeks, with the first six weeks at 90% of average weekly earnings, followed by 33 weeks at a flat rate. Maternity Allowance as per Employment Law is available for those who do not qualify for SMP, with similar payment conditions.
What is Paternity Leave?
Paternity leave is designed for fathers or partners to support the mother and bond with the new baby. Eligible employees can take up to two weeks of paid paternity leave. This leave must be taken within 56 days of the child’s birth, and employees must inform their employer of their intention to take paternity leave at least 15 weeks before the baby is due.
Paternity Pay Entitlements
During paternity leave, employees may be entitled to Statutory Paternity Pay (SPP). SPP is paid at a flat rate for up to two weeks. To qualify, employees must meet certain eligibility criteria, including having been employed for a specified period and earning above the lower earnings limit.
Shared Parental Leave
Shared Parental Leave (SPL) allows parents to share up to 50 weeks of leave and up to 37 weeks of pay. This option provides flexibility for parents to decide how they want to split their leave between them. Both parents must meet the eligibility criteria, and the process involves notifying the employer and providing appropriate documentation.
Rights During Leave
During maternity or paternity leave, employees have the right to return to their job, or a suitable alternative if necessary. They also retain other employment rights, such as protection against unfair dismissal and redundancy. Employers must ensure that employees on leave are not discriminated against and that their employment terms remain the same.
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Returning to Work
Before returning to work, employees should inform their employer of their return date. They may also request a phased return or flexible working arrangements if needed. Employers must consider these requests seriously, ensuring that the employee’s return is as smooth as possible.
Employer Obligations
Employers have specific obligations under employment law. They must keep in touch with employees on maternity or paternity leave and provide updates about any significant workplace changes. Additionally, employers must ensure that employees are aware of their rights and any updates to employment law that may affect them.
