Maternity and paternity rights

We often hear about the high cost of having and bringing up children - tell me about it as the father of daughters aged 22 and 18!! However the decision to start a family can also have a major effect of the employer of both parents.

Employers are often unaware of the so-called “family friendly” provisions in employment law, perhaps because it has simply not been an issue before.  I have even had employers telephoning us to ask if it is acceptable to dismiss an employee because she has just notified them she is pregnant and that is not very convenient for the business.  That may be the case, but employees who are pregnant are heavily protected by the law and a dismissal will be automatically unfair if it is for a reason to do with such matters as pregnancy, childbirth, maternity or parental leave.  The dismissal will also be discriminatory. 

A pregnant employee has the right to a total of 52 weeks Statutory Maternity Leave.  Statutory Maternity Pay is payable for a total of 39 weeks.  The employee is usually entitled to return to the job in which she was employed in before her absence. There are also various laws relating to notification requirements/health and safety/keeping in touch days, which we can advise you on where required.

Employers and employees should also be aware that the father of a child can now take up to 26 weeks Additional Paternity Leave in place of the mother. 

I suggest that employers have policies governing not only Maternity and Paternity Leave but also Flexible Working, Time off for Dependants and Parental Leave.