Maternity / Paternity Rights

We at Fountain Solicitors 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.  A woman on maternity leave is not entitled to receive her usual pay and is instead 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.

The earliest that maternity leave can begin is 11 weeks before the expected week of childbirth, unless otherwise absent from work because of a pregnancy related-illness.

Maternity leave 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 of 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 in cases of adoption).  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.

Our employment lawyers can provide specialist legal advice in this area of law. To contact one of our dedicated employment lawyers, please telephone 01922 645 429 or complete our enquiry form.

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