EMPLOYMENT LAW

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!

What are an employer’s responsibilities regarding miscarriage?

Team QLAW!2023-11-16T12:40:54+00:00

What to do when returning from maternity leave

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What should you do before you go on maternity leave?

Team QLAW!2023-08-10T16:39:36+01:00

How long does it take for children to settle into Reception?

Team QLAW!2023-08-16T11:55:31+01:00

Can I get maternity pay after a miscarriage?

Team QLAW!2023-11-16T11:08:17+00:00

Can I take time off work for a miscarriage?

Team QLAW!2023-11-16T10:55:09+00:00

Pregnancy & Maternity Discrimination at Work

Team QLAW!2023-11-16T10:53:44+00:00

Maternity Leave – The basics

Team QLAW!2023-11-16T10:51:23+00:00

Can I go back to the same job after maternity leave?

Team QLAW!2023-11-16T10:50:46+00:00

How much maternity pay will I get?

Team QLAW!2023-11-16T10:31:43+00:00

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Maternity & Family FAQs

How long is paid maternity leave?

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.

Do you get full pay on 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).

Who gets Statutory Maternity Pay?

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.

Can I work while on maternity leave?

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.

Will I be paid for working on a KIT day?

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.

What is the difference between Ordinary Maternity Leave and Additional Maternity Leave?

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.

Can I go back to the same job after maternity leave?

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.

Can partners/fathers take time off for antenatal appointments?

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.

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