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Maternity, paternity and adoption rights: all the latest legal content on parenting issues for employers
This April sees a number of employment law changes come into effect that will have an impact on all employers. HR departments should ensure that they update their policies and procedures in...
27 Mar 2013
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Legal Opinion: Redundancy and maternity leave Pregnant women, new mothers and redundancy Automatically unfair reasons for selection for redundancy
On this page you can find information on maternity, paternity and adoption rights.
To skip to one of these topics use the links below: Maternity leave and pay Paternity leave and pay Adoption rights
Here is a selection of FAQs on maternity rights, leave and pay. View more FAQs on this topic here.
What is the minimum provision for maternity leave?
What notice of her intention to take maternity leave is an employee required to give?
If a woman intends to return early from maternity leave is she required to inform her employer?
Can an employer contact an employee on maternity leave to ask if and when she intends to return to work?
How is statutory maternity pay calculated?
Which individuals are excluded from the right to claim statutory maternity pay?
What is included in an employee's "normal weekly earnings" for the purposes of calculating statutory maternity pay?
What notice of the date that she wants her statutory maternity pay to begin does an employee have to give?
Returning to work after maternity leave
Must keeping-in-touch days be taken after the child's birth, or can they be taken prior to the birth? Where an employee fails to return from maternity leave on the expected date can the employer terminate her employment?
Does an employee have the right to return to the same job after maternity leave?
Is an employer obliged to carry out an individual risk assessment for all new mothers returning to work from maternity leave?
Recruitment of pregnant workers
Is there any requirement for a pregnant job applicant to disclose her pregnancy to a potential employer?
Where a suitably qualified employee who is about to go on maternity leave wishes to apply for an internal vacancy must she be considered for the position even though she may not be able to start the new job for a year?
Can an employer reject an applicant for a maternity leave cover role on the basis that the applicant is herself pregnant and will not be able to work for the full cover period?
Annual leave and maternity
Do employees on maternity leave continue to accrue holiday during this period?
Where an employee takes annual leave prior to her maternity leave, but gives birth early, will her maternity leave still start after the period of annual leave?
Where an employee is unable to take all the statutory annual leave that she has accrued during maternity leave during that annual leave year, because she is on maternity leave, must she be allowed to take it during the following year?
Are employers required to provide pay or time off in lieu of bank holidays that coincide with maternity leave?
Here is a selection of FAQs on paternity rights, leave and pay. View more FAQs on this topic here.
Ordinary paternity leave Which employees are entitled to ordinary paternity leave?
What qualifying service is necessary for ordinary paternity leave?
How much ordinary paternity leave can an employee take?
When can an employee choose to start ordinary paternity leave in respect of a new baby?
Additional paternity leave Which employees qualify for additional paternity leave?
Is there a specific time period when additional paternity leave can be taken?
Can a father take statutory additional paternity leave while his partner is on maternity leave?
How should an employer respond to an employee's notice of intention to take additional paternity leave and pay?
Paternity pay In which circumstances is an employee entitled to receive ordinary statutory paternity pay?
Are employees entitled to be paid during additional paternity leave?
Can an employer recover any additional statutory paternity pay that it pays out?
For how many weeks may an employee be paid additional statutory paternity pay?
Returning to work after paternity leave How many keeping-in-touch days can an employee work while on additional paternity leave?
If an employee intends to return early from additional paternity leave is the employee obliged to inform the employer?
Does an employee have the right to return to the same job after additional paternity leave?
If an employee does not intend to return to work after additional paternity leave is the employee required to give notice?
Annual leave and paternity Do employees on additional paternity leave continue to accrue annual leave during this period?
If an employee does not return to work from additional paternity leave, does the employer have to pay the employee in lieu of annual leave accrued during the paternity leave?
Where an employee's period of paternity leave coincides with a bank holiday, is the employer under any obligation to provide a compensatory day off or pay in lieu?
Here is a selection of FAQs on adoption rights, leave and pay. View more FAQs on this topic here.
Adoption leave Which employees are entitled to statutory adoption leave?
Where a couple are adopting a child can they both take statutory adoption leave?
Will a step-parent who adopts his or her partner's child qualify for statutory adoption leave?
What qualifying service is necessary for statutory adoption leave?
How much statutory adoption leave is an employee entitled to take?
Do employees have a statutory right to time off work prior to the commencement of adoption leave to attend placement meetings?
What notice and evidence is an employee required to provide to take statutory adoption leave in relation to a child adopted from within the UK?
Paternity leave What notice to take ordinary paternity leave and pay in respect of a child adopted from within the UK is an employee required to give?
Can an employee take ordinary paternity leave before the child is born or placed for adoption?
Can an employee take statutory additional paternity leave while his or her partner is on adoption leave?
Adoption pay Will an employee be paid during statutory adoption leave?
For how long is statutory adoption pay payable?
Which earnings period is taken into account when calculating entitlement to statutory adoption pay?
What notice and evidence is an employee required to provide to receive statutory adoption pay in relation to a child adopted from within the UK?
Maternity leave triggers
Minimum periods of maternity leave
Period of maternity leave to which employees are entitled
Employee’s maternity leave notice: prescribed information
Weekly rate of statutory maternity pay
Weekly rate of ordinary statutory paternity pay
Weekly rate of additional statutory paternity pay
Period of paternity leave to which employees are entitled
Weekly rate of statutory adoption pay
Period of leave employees who qualify for adoption leave may take
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