... You must contact ACAS Early Conciliation on 0300 123 11 00 within the time limit before making a tribunal claim. Did you get the information you need from this page? 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. 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. Date & Time: 22/08/2019 9:15 am - 1:00 pm | Location: The Barns Hotel Map Unavailable. You have the right to up to 52 weeks' maternity leave if you're having a baby and are legally classed as an employee. Free advice on employment rights, rules and best practice. 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 … Given your chosen start date [insert date], your maternity leave will end on [insert date]. Acas received more than 14,000 calls last year about pregnancy and maternity issues, an increase of almost 10% on the previous year. Currently, new parents have a statutory entitlement to 52 weeks leave. The entitlements to leave and pay mirror those for maternity leave. How you can take time off to care for your child or extend your paternity leave. 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. Ordinary Maternity Leave covers the first 26 weeks of your leave and if you go back to work during this period you can return to the exact same job you had before leaving to have a baby. Find out more about Shared Parental Leave, Find out more about your employment rights, Checking your pregnancy and maternity rights. You get the same amount of maternity leave and pay even if you have more than one baby, for example twins. The minimum period of maternity leave is six weeks. Charles Wynn-Evans outlines how employers can nevertheless face a tribunal claim. Maternity leave and annual leave. Business need. Your maternity leave, pay and other rights. 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! We also offer training and help to resolve disputes. Find out more about your employment rights. A maximum of four weeks’ unpaid parental leave may be taken in any one year. 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 Under Regulation 10 of the Maternity and Parental Leave etc. The mother or principal adopter may choose to ‘curtail’ their maternity or adoption leave and share the remaining leave … For advice on employment rights or for Early Conciliation if you are thinking of making a tribunal claim www.acas.org.uk. 10 Forms for parents with maternity entitlement to take Shared Parental Leave. Women were reporting that Acas were advising them to bring their maternity leave to an end if they wanted to be furloughed. Coronavirus (COVID-19): latest advice for employers and employees. February 2017. pregnancy or maternity leave. Help; Terms & Conditions; You are here: Training and Business Solutions Find a course Understanding maternity, paternity and adoption rights (England & Wales) - digital event. Policy review date: 28/02/2020. FAQs: Covid-19 – rights and benefits during pregnancy and maternity leave [This page was last updated 10 December 2020.] I wish to request for a maternity leave of 90 days to enable me to prepare for delivery … Maternity, paternity and adoption; Parental leave; Coronavirus (COVID-19) Health and wellbeing. Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. Maternity Action is experiencing exceptional demand for our advice line at present so we have put together some frequently asked questions on rights at work and benefits during pregnancy and maternity leave during the Covid-19 pandemic. 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. February 2017. But drawing up a maternity leave policy can be challenging, especially if you don’t have in-house legal expertise. 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 recent case of SW Yorkshire Partnership NHS Foundation Trust v Jackson is […] After your baby is born, by law you must: start your maternity leave (if you have not already) take off at least 2 weeks (4 weeks if you work in a factory) – this is known as ‘compulsory maternity leave’ take all your maternity leave in one go Training. From antenatal appointments through to keeping in touch and returning to work. After the first compulsory 2 or 4 weeks, how many of the 52 weeks you take is up to you. So if their first maternity leave ends before that point, they'll need to either: 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. pregnancy or maternity leave. More about Acas. While you’re on maternity leave, they … Maternity pay lasts for 39 weeks but maternity leave lasts for 52 weeks (the last 13 weeks is usually unpaid). If you work through an agency, you need to tell them the dates you’ll be off. Before you go on maternity leave, your employer or manager should have a meeting with you to talk about how you’d like to stay in touch. Under reg.9 of the Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312) "only sums payable to an employee by way of wages or salary are to be treated as remuneration". For shared parental leave to start the mother must either return to work, which ends any maternity leave, or give you what’s known as binding notice of the date on which she plans to end her leave. How to handle an employee's maternity leave and pay. Make sure you have all the necessary paperwork to your doctor on time, don't wait until the last minute. Your paternity leave and pay rights, and what you need to do when you and your partner are having a baby or adopting. The parent should give the necessary notices to their employer as soon as they can. pregnancy or maternity leave. It is possible for both parents to be absent from work at the same time while on shared parental leave. Before you go on maternity leave, your employer or manager should have a meeting with you to talk about how you’d like to stay in touch. Your employer has the right to a reasonable amount of contact with you during your maternity leave. ... (ACAS) also have guidance on SPL. I'm a director of a limited company, along with two other directors. There is no qualifying time period before an employee can take maternity leave. Coronavirus and mental health at work; Supporting mental health in the workplace; Using occupational health at work; Dealing with workplace problems. If you have any questions about a training course you’ve booked, please email our Customer Services Team at [email protected] As we have discussed, you are . Given your chosen start date [insert date], your maternity leave will end on [insert date]. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. 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. You will qualify for Statutory Maternity Pay (SMP) if you have been employed in the same job for at least 26 weeks by the end of the 15th week before your baby is due and you earn at least £120 per week (April 2020 … You must still stop work for a minimum of 2 weeks (4 weeks if you do factory work) after giving birth if you're: You can choose to take more time off to look after your baby. Regardless of their length of service, every pregnant employee has the right to take 26 weeks' ordinary maternity leave, followed immediately by 26 weeks' additional maternity leave. It’s usually best to raise the issue with your employer. 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. This has to be taken not later than two weeks before the birth and not earlier than four weeks after the birth. eligible for 26 weeks’ ordinary maternity leave / 52 weeks’ maternity leave (26 weeks’ ordinary maternity leave plus 26 weeks’ additional maternity leave) [delete as appropriate]. Workplace experts Acas have published their new guide on shared parental leave (SPL), a new legal right which allows couples in Northamptonshire to share maternity or adoption leave and pay from 5 April 2015. Parents or adopters may apply for unpaid parental leave of up to 18 weeks, to be taken before the child reaches age 18. How Acas can help Advice. You have this right from your first day of starting a job. For further information, see the government's pages on parental leave or see guidance on the Acas website. Policy review date: 28/02/2020. You might be entitled to maternity pay for this time off. Julie Denis, head of diversity and inclusion at Acas, said: “This new guidance can help managers deal fairly with women at work in areas such as recruitment, promotion and redundancy.” “Women should not suffer any unfair treatment while pregnant or on maternity leave, and most employers treat their employees fairly. Make sure you have all the necessary paperwork to your doctor on time, don't wait until the last minute. Maternity Leave policy and procedure. Maternity leave is a composite part of many women’s careers that involves the employee taking a prolonged period away from work, sometimes for up to a year. Helpline: 0300 123 … Maternity Leave policy and procedure. Shared Parental Leave (SPL) gives more choice in how 2 parents can care for their child. Your rights during pregnancy and maternity, including leave, pay and returning to work. If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. ACAS has recently published guidance for employers to assist in managing any employees who face these difficult times. If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. Any enquiry about the content of … You can also work up to 10 days during your maternity leave without losing maternity pay or benefits, or ending your leave. With women entitled to take up to 12 months’ maternity leave, it is important that the extent of legal entitlements during this time is properly understood by both employers and individuals – any mistakes or misunderstandings could result in women being significantly out of pocket and the employer potentially liable for claims of maternity discrimination and/or equal pay. Posted: 15/10/14 by Acas East Midlands. about to go on maternity leave (which would be maternity discrimination). All employees are entitled to 52 weeks maternity leave. There is a two week period of compulsory maternity leave for the mother immediately after the birth of the child. This full day event will provide you with a comprehensive overview of everything you need to know about maternity, paternity and adoption rights. This is not quite right. How to handle an employee's maternity leave and pay. Find out more about Shared Parental Leave. pregnancy or maternity leave. Maternity leave: This lasts for 52 weeks. There are certain eligibility criteria. New Acas guidance published today can help employers create supportive workplaces for women during pregnancy and maternity leave. It should not be based on their statutory maternity pay (SMP) or contractual maternity pay. HR practitioners, even some line managers, know full well that an employee at risk of redundancy when they are on maternity leave has certain rights to protect them from unfair treatment. Your rights during pregnancy and maternity, including leave, pay and returning to work. Understanding maternity, paternity and adoption rights is essential for the modern workplace. Introduction. As maternity leave is a legal obligation, small businesses that have employees should have a maternity leave policy. I am writing to you about your maternity leave and pay. Templates. Talk to your employer or human resources department. Workplace experts Acas have today published their new guide on shared parental leave (SPL), a new legal right which allows couples to share maternity or adoption leave and pay from 5 April 2015. The guidance is a must read for any employer or HR professional. kwastell Sun 09-Oct-16 18:18:50. Free letters, forms and policy documents to adapt. For further information, see the GOV.UK guidance or Acas guidance on adoption leave. Your employer has the right to a reasonable amount of contact with you during your maternity leave. Including, the current legislation, protection for employees, health and safety responsibilities and leave entitlements. 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. Both statutory and contractual annual leave continue to accrue during maternity leave. The Acas booklet Redundancy handling provides useful advice on consultation and selection criteria. 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 Couples finding out now that they are expecting a child will be among the first parents eligible to take advantage of these new rights. This means if you're dismissed while pregnant or on maternity leave, your employer must put the reason for your dismissal in writing. They are not protected under the pregnancy and maternity protected characteristic but could be under other protected characteristics such as sex or sexual orientation. 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. Microsoft Word format. ACAS – Understanding Maternity, Paternity and Adoption Rights. The Acas booklet Redundancy handling provides useful advice on consultation and selection criteria. … If you use attendance or absence as a selection criterion don’t forget to discount any caused by your employee’s pregnancy or maternity. Unlawful maternity discrimination is discrimination that relates to an employee’s maternity leave. New Acas guide on Shared Parental Leave. First, you need to make … If you like, you can tell us more about what was useful on this page. After the first compulsory 2 or 4 weeks, how many of the 52 weeks you take is up to you. You must still take a minimum of 2 weeks’ maternity leave (4 weeks if you do factory work) after your baby’s born. If your dismissal can be linked to your pregnancy or maternity, you could claim unfair dismissal and discrimination at an employment tribunal. How to handle an employee's paternity leave and pay. Checking your pregnancy and maternity rights You have the right to up to 52 weeks' maternity leave if you're having a baby and are legally classed as an employee. Overview. Coronavirus (COVID-19): latest advice for employers and employees. Managing your employee's maternity leave and pay. During maternity leave, the employee is entitled to benefit from all the normal terms and conditions of employment (except normal pay), such as salary increases, bonuses, full benefits (including company car if the pregnant employee has one), job opportunities, even annual leave accrual – which often comes as a surprise to many smaller employers. You might be able to resolve the issue informally. 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. However, you can also agree to allow your employee to take more than the period accrued up to the start of their maternity leave. You have this right from your first day of starting a job. Acas received more than 14,000 calls last year about pregnancy and maternity issues, an increase of almost 10% on the previous year. Is an employee who resigns while on maternity leave entitled to notice pay? Make a tentative plan in your mind and if something unexpected happens your doctor will help you with it. The answer for HR depends on whether the employee receives enhanced contractual maternity pay. Your paternity leave, pay and other rights. You are entitled to remain on maternity leave for up to 52 weeks and resign towards the end of your maternity leave period if you decide that you are not able to return to work. This means you end your maternity leave early and what’s left of your entitlement can be used more flexibly between you and your partner. The Acas booklet Redundancy handling provides useful advice on consultation and selection criteria. Where maternity leave is not properly arranged, this can have a dangerous impact on the business. New Acas guidance published today can help employers create supportive workplaces for women during pregnancy and maternity leave. 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