North West Employment Law - Specialist Employment Solicitors

Family Rights

Maternity Rights

Family RightsAll pregnant employees have the following rights

  • A reasonable amount of paid time off work for ante-natal care
  • Working conditions which take the pregnancy into account
  • Up to 52 weeks maternity leave
  • To return to the same job on the same terms and conditions or to an alternative job on terms that are no less favourable
  • Protection from unfair treatment, dismissal and redundancy

Employees with 26 weeks continuous service by the 15th week before their baby is due and who earn £95 or more each week are also entitled to up to 39 weeks statutory maternity pay (SMP) during their maternity leave. The current rate is 90% of normal pay for 6 weeks followed by 33 weeks at the basic rate of £123.06  per week (or 90% normal pay if lower than the basic rate)

If an employee is dismissed because of her pregnancy or is not allowed to return to work following maternity leave this is normally an automatic unfair dismissal. If an employee is treated badly because she is pregnant or wants to exercise her maternity rights she will be able to claim sex discrimination. If an employee’s job becomes redundant while on maternity leave her employer must offer her any suitable alternative employment.

Adoption Rights

Employees with 26 weeks service are entitled to up to 52 weeks leave for one parent with up to 39 weeks pay at the same rate as basic SMP; for the other parent the paternity rights below.

Paternity Rights

New fathers with 26 weeks service by the 15th week before the baby is due can take one or two consecutive weeks off work paid at the same rate as basic SMP

Parental Leave

Parents of children under 5 with at least one years service have the right to take unpaid leave of up to 13 weeks to care for the child. Parents of disabled children under 18 are entitled to up to 18 weeks leave. A maximum of 4 weeks can be taken per year. Unless the child is disabled leave must be taken in blocks of at least 1 week.

Flexible Working

Adult carers and parents of children under 17 (or 18 if the child is disabled) with 26 weeks continuous service have the right to ask to work flexibly in order to provide care.

Time off for Dependants

Employees are entitled to a reasonable amount of unpaid time off

  • to assist when a dependant is ill or injured or gives birth
  • to make care arrangements for an ill or injured dependant
  • to make arrangements when a dependant dies
  • because of unexpected disruption or termination of care arrangements
  • to deal with an unexpected incident involving a child whilst in the care of school.

Enforcing Your Rights

For all the above rights you must give your employer notice of your intention to exercise your statutory rights.

If you comply with the requirements to give notice but your employer refuses time off you can bring a claim to the employment tribunal. Additionally, if a request for flexible working is refused or you are otherwise unfairly treated you may have a claim for sex discrimination.

In most cases it is advisable to send a written grievance to your employer before you submit a claim to the employment tribunal.

In all cases there are strict time limits and procedures that you must follow, and so it is important to seek legal advice as soon as possible.