Most pregnant employees are entitled to maternity leave and maternity pay, whilst new fathers are entitled to paternity leave and paternity pay. Similar entitlements apply for employees who adopt a child.
Understanding employees' rights is essential if you are to maintain good working relationships and avoid claims against you.
Maternity leave and maternity pay
All pregnant employees are entitled to paid time-off for ante-natal care and can take up to 52 weeks' statutory maternity leave. Maternity leave can begin any time from 11 weeks before the expected week of childbirth (or earlier if the baby is born early). New mothers must take a minimum of two weeks' leave after the birth of a child (or four weeks’ leave if the mother works in a factory).
An employee who is expecting a baby has all her employment rights (other than remuneration) protected throughout maternity leave. After maternity leave, mothers are generally entitled to return to the same job on the same terms and conditions. You must not discriminate against an employee for any reason to do with pregnancy or maternity leave.
Most pregnant employees will qualify for statutory maternity pay (SMP) for 39 weeks of their maternity leave, unless they have only worked for you for a short time or have very low earnings. SMP is paid at 90% of weekly earnings for the first six weeks, then 90% of weekly earnings or £151.97 per week, whichever is lower, for the remaining 33 weeks. Your contract of employment can offer more generous maternity pay than the statutory minimum required. SMP rates are not increased in the event of a multiple birth.
To qualify for SMP your employee must earn at least the lower earnings limit (£120 in 2021/22), have worked for you continuously for 26 weeks up to and including the 15th week before the baby's due date and have provided you with the necessary paperwork. New mothers not entitled to SMP may qualify for maternity allowance which can be claimed through Jobcentre Plus.
Separately, all parents have certain further rights to unpaid leave up to their child's 18th birthday.
Paternity leave, paternity pay and adoption leave
Most employees who are new fathers qualify for ordinary paternity leave when their baby is born, unless the employee has only worked for you for a short time. New fathers can take a block of either one or two weeks' paid leave. The employee's employment rights (other than remuneration) are protected during paternity leave.
New fathers also qualify for statutory paternity pay (SPP) unless they have only worked for you for a short time or have very low earnings. SPP is the lower of £151.97 per week or 90% of average weekly earnings.
An employee who adopts a child qualifies for adoption leave and adoption pay on similar grounds to those for maternity leave and maternity pay. Where a couple adopt a child, only one can claim adoption leave and pay. The other can claim paternity leave and paternity pay, regardless of gender, provided he or she qualifies.
Again, fathers and adoptive parents have further rights to unpaid leave. This includes the right of fathers, partners and parents-to-be to take unpaid time off work to attend up to two ante-natal appointments.
Shared Parental Leave
Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) is available in England, Scotland and Wales. The system offers parents of babies and children more flexibility to arrange time off in the year after the birth or adoption of their child. A new mother will be able to share her maternity leave with her partner after taking the initial two weeks off following the birth of her baby (four weeks if the work is in a factory). The remaining 50 weeks' leave can be shared flexibly between the mother and her partner.
Employees can take SPL in up to three separate blocks. They can also share the leave with their partner and choose how much time off each of them will take. SPL and ShPP must be taken between the baby's birth and first birthday (or within one year of adoption). No more than 12 months' leave in total can be taken between the mother and her partner and only nine months of that leave will be paid.
An employee must give at least eight weeks' notice of any leave they wish to take. SPL can be used either alongside, or instead of, traditional maternity, adoption and paternity leave.
Attending ante natal appointments
All pregnant employees are entitled to take paid time off to attend ante natal classes. Employees and qualifying agency workers that are the expectant father or partner (including same-sex couples) of a pregnant woman, are also entitled to take unpaid time off to attend two ante-natal appointments with the pregnant woman.
There is no qualifying period for this right. It is a 'first day right' and is applicable from when an employee first starts working for you.
Parental bereavement leave and pay
Since April 2020, parents who lose a baby or child have been entitled to two weeks' leave. The right applies from the first day of work. Parental bereavement leave is available to employees that lose a child under the age of 18 or suffer a stillbirth after 24 weeks of pregnancy. The term 'parent' is interpreted broadly and could include adoptive parents, stepparents or the partner of the deceased child. In practice most employees who have a parental responsibility can take leave.
Eligible parents can claim also claim statutory pay. To qualify, employees must have at least 26 weeks' service by the week before the child passes away. They must also have earned at least £120 per week (in 2021/22) in the eight weeks before the child dies. The leave is paid at £151.97 per week (although some employers offer enhanced pay in recognition of the additional support parents need during such difficult times).
The parent must give notice of the weeks they wish to claim pay for and a provide a declaration giving evidence of their relationship to the deceased child.
Browse topics: Employment law