What is Maternity & Family?

Thankfully, lots of protection exists around the whole employment/maternity leave arena. So, if you are on, about to go on, or returning from maternity leave,  and you have any questions about employment law relating to that, please reach out to our expert employment solicitors.  What is maternity pay?  Can I be made redundant when on maternity leave? Can I ask for flexible working after maternity leave?  These and any other questions around maternity leave is what QLAW is here to help with!

VALUE

SIMPLE

QUICK

EXPERT

Maternity & Family FAQs

All pregnant employees are entitled to a year’s maternity leave. The first 39 weeks are paid. It doesn’t matter how long you’ve been employed, you’re entitled to the full 52 weeks’ maternity leave.

You only get full pay on maternity leave if your employer has a policy that pays full pay for maternity leave. The basic statutory entitlement is to 6 weeks at 90% of pay, then 33 weeks at Statutory Maternity Pay. See the current rates (they change each April, so check for updates).

You can only get SMP if you’ve worked for your employer for at least 26 weeks before the 15th week before the week your baby is due. Basically, if you’re already pregnant when you start work, you won’t get SMP. If you can’t get SMP you may be able to claim Maternity Allowance directly from the DWP.

Yes, you can do up to 10 Keeping in Touch (KIT) days for your employer during maternity leave without bringing your leave to an end or losing your right to SMP. You can agree between you whether you will do any KIT days, when they’ll take place, and what you’ll be paid. Employers can say they don’t need employees to do KIT days if the employee asks, and equally employees can refuse if asked.

Most employers would pay a normal day’s pay for a KIT day, perhaps including your current SMP rate. It’s best to agree between you, in advance, how much you’ll be paid.

The first 26 weeks’ maternity leave is ordinary maternity leave (OML) and the second 26 weeks is additional maternity leave (AML), and different rights apply to the two periods. This distinction dates back to a previous regime. These days, it’s really only relevant to the job you are entitled to return to. See “Can I go back to the same job after maternity leave?” below.

If you take less than 26 weeks, so have only taken OML, you are entitled to return to the same job, as it was before maternity leave. You’re entitled to any pay rises that have been introduced too. If you take more than 26 weeks leave, so if you’ve dipped into the AML period, you’re entitled to return to your own job unless that isn’t “reasonably practicable” – this will depend on the circumstances. See here for more details.

Fathers and husbands/civil partners/certain partners and relatives of pregnant women, as well as intended adoptive and surrogate parents, also have rights to paid time off to accompany the pregnant woman to antenatal appointments. The right is for no more than two occasions lasting no more than 6.5 hours each. Employees can use annual leave if this isn’t enough, and many employers will offer more. Note that there are proposals for wholesale changes to the provisions for surrogate parents.

03300 020 365

5 STAR Solicitor reviews!

Check out other solicitors’ websites and they’ll be littered with self-adulation – they’re “leading solicitor” this, and “solicitors doing” that. Rather than toot our own horn we’d rather you be the judge of how good our solicitors are. Trustpilot is a totally independent review site where our clients are free to leave whatever thoughts they feel best describe the legal service they received from us. It’s raw. It’s honest. It’s for real. And critically, it’s from you!

Trustpilot logo

Why Us?

Online Solicitor

ONLINE SOLICITOR

We’ve redefined ‘local solicitor’

Video meetings

VIDEO MEETINGS

From the comfort of your own home

24/7 access

24/7 ACCESS

Access to your case files anytime

Eco credentials

ECO CREDENTIALS

View our eco credentials

Clear costs

CLEAR COSTS

View our fees

Our history

OUR HISTORY

See our evolution

Solicitor Services

Conveyancing
Employment
LPA
Family
Probate
Wills

Bullying at
Work

Contracts of
Employment

Disciplinary
Policy & Process

Discrimination
at Work

Dismissal
at Work

Employment
Tribunal

Flexible
Working

Grievance Policy
& Process

Health & Wellbeing
at Work

Holiday Sickness
& Leave

Maternity
& Family

Misconduct
at Work

Pay &
Wages

Problems at
Work

Redundancy

Settlement
Agreement

TUPE
Transfers

Whistleblowing
at Work

Working
Hours

Contact our Employment Solicitors

Whether you’re an employee or employer, and you’re looking for expert employment law advice – QLAW CAN HELP! Reach out in whatever way best suits you. We’re looking forward to speaking to you very shortly!

03300 020 863

employment @QLAW.co.uk

Skinner House
38-40 Bell Street
Reigate, Surrey
RH2 7BA