If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. You’re protected by law against unfair treatment and dismissal if it's because of your pregnancy and maternity, no matter how long you’ve worked for your employer. The effect of reg.22 of the Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312) is that the statutory redundancy pay must be based on the employee's normal weekly pay or average weekly pay prior to the start of their maternity leave. pregnancy or maternity leave. For further information, see the government's pages on parental leave or see guidance on the Acas website. February 2017. Maternity leave and pay following a stillbirth or neonatal death. They are not protected under the pregnancy and maternity protected characteristic but could be under other protected characteristics such as sex or sexual orientation. Date & Time: 22/08/2019 9:15 am - 1:00 pm | Location: The Barns Hotel Map Unavailable. Under Regulation 10 of the Maternity and Parental Leave etc. You have the right to up to 52 weeks' maternity leave if you're having a baby and are legally classed as an employee. You have this right from your first day of starting a job. The combined maximum amount of time that can be taken by both parents is 52 weeks less any maternity leave taken by the mother, or adoption leave taken by the primary adopter. If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. Help; Terms & Conditions; You are here: Training and Business Solutions Find a course Understanding maternity, paternity and adoption rights (England & Wales) - digital event. Employment Rights Act 1996 - on health and safety, maternity leave, time off for antenatal care and, from day one of starting a job, against unfair dismissal because of pregnancy and/or maternity Maternity and Parental Leave Regulations 1999 – on maternity leave and maternity leave on 1 February, they should have taken 1/12th of their leave entitlement. New Acas guidance published today can help employers create supportive workplaces for women during pregnancy and maternity leave. How to handle an employee's paternity leave and pay. For advice on employment rights or for Early Conciliation if you are thinking of making a tribunal claim www.acas.org.uk. How you can take time off to care for your child or extend your paternity leave. Employers and employees seeking advice on pregnancy or maternity and redundancy issues make more than 15,000 calls a year to Acas's helpline. The parent should give the necessary notices to their employer as soon as they can. Now Acas has produced new helpful guidance that can help employers of any size best navigate employee pregnancy, maternity leave and their return to work following pregnancy. Couples finding out now that they are expecting a child will be among the first parents eligible to take advantage of these new rights. There are three types of maternity leave: compulsory maternity leave: two weeks immediately after the birth, which all employees entitled to maternity leave must take ordinary maternity leave: the first 26 weeks of leave, including the compulsory maternity leave period All employees are entitled to 52 weeks maternity leave. Maternity pay lasts for 39 weeks but maternity leave lasts for 52 weeks (the last 13 weeks is usually unpaid). Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. The entitlements to leave and pay mirror those for maternity leave. A maximum of four weeks’ unpaid parental leave may be taken in any one year. Northamptonshire couples finding out now that they are expecting a child will be among the first … The University will adopt the approach outlined by ACAS in their help and advice on Workplace support for parents with premature or sick babies recognising this can be a very difficult and worrying time for them. Maternity Leave policy and procedure. Acas and the Equality Human Rights Commission have published a new guide to help employers understand the rights of women who are pregnant or on maternity leave when facing redundancy. If you want to change the date your leave starts you must, if at all possible, tell me at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is … Unlawful maternity discrimination is discrimination that relates to an employee’s maternity leave. As maternity leave is a legal obligation, small businesses that have employees should have a maternity leave policy. Coronavirus (COVID-19): latest advice for employers and employees. Both statutory and contractual annual leave continue to accrue during maternity leave. Helpful, trusted answers from doctors: Dr. Munshower on acas maternity leave: Talk to your boss or HR department at the beginning of your pregnancy so that you are not hiding anything. Make a tentative plan in your mind and if something unexpected happens your doctor will help you with it. Coronavirus (COVID-19): latest advice for employers and employees. Charles Wynn-Evans outlines how employers can nevertheless face a tribunal claim. Is an employee who resigns while on maternity leave entitled to notice pay? How to handle an employee's maternity leave and pay. Overview. Find out more about your employment rights. But drawing up a maternity leave policy can be challenging, especially if you don’t have in-house legal expertise. Similarly, the mother will need to give you notice of the date when she plans to end any maternity pay. This full day event will provide you with a comprehensive overview of everything you need to know about maternity, paternity and adoption rights. Supporting mental health in the workplace, Dealing with a problem raised by an employee, Maternity, paternity and adoption leave and pay, Your maternity leave, pay and other rights, Managing your employee's maternity leave and pay, Your paternity leave, pay and other rights, Managing your employee's paternity leave and pay, Your adoption leave, pay and other rights, Leave and pay when you have a child through surrogacy. Free advice on employment rights, rules and best practice. By law, the employee cannot start their next maternity leave until the 11th week before their baby is due. Dear Mr. Jimenez, I hereby write to bring to your kind attention that I am 8 months pregnant and I hope to deliver on 4 th April 2020. Understanding maternity, paternity and adoption rights is essential for the modern workplace. As we have discussed, you are . More about Acas. The mother or principal adopter may choose to ‘curtail’ their maternity or adoption leave and share the remaining leave … Employees are sometimes treated unfairly because they are assumed to be pregnant, or because they are connected in some way to someone who is pregnant or taking maternity leave. Did you get the information you need from this page? The ACAS Code says you must consider the request in a reasonable way and: You can only refuse on prescribed grounds. I've searched the internet high and low for the answer to this, but haven't been able to find anything, so hoping someone here can help! Your maternity leave, pay and other rights. FAQs: Covid-19 – rights and benefits during pregnancy and maternity leave [This page was last updated 10 December 2020.] Your employer has the right to a reasonable amount of contact with you during your maternity leave. I am writing to you about your maternity leave and pay. Shared Parental Leave: ACAS publish guidance for employers. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Please tell us why the information did not help, I cannot find the information I'm looking for. Your paternity leave and pay rights, and what you need to do when you and your partner are having a baby or adopting. (See Entitlement to ordinary and additional maternity leave) According to ss.87 and 88 of the Employment Rights Act 1996, if an employee resigns while on maternity leave, in certain circumstances the employer must pay the employee their normal full pay during the statutory notice period (which is one week for employees with continuous service of one month or more). Given your chosen start date [insert date], your maternity leave will end on [insert date]. 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