Luxembourg: Publications Office of the European Union. Sexual orientation Below we will explore each of these protected characteristics based on an employment setting. There may also be a constructive unfair dismissal claim. An important part of her role is to ensure that the views of the profession inform CIPD policy thinking on health and wellbeing and employment relations. The leave must be taken in multiples of complete weeks as either one continuous period or discontinuous periods. Maternity and Parental Leave etc. The employer must respond within 28 days stating the date the woman is expected to return after the maternity leave. 5 July. THOMPSON, C. (2020) Pregnancy and maternity discrimination update. Any unfavourable treatment of a woman because of her pregnancy, childbirth or maternity is unlawful and is likely to constitute pregnancy and maternity-related discrimination and may also give rise to a constructive unfair dismissal claim. The universal maternal benefit brought maternity rights onto the political agenda, but the early efforts centred on maternal and child health. Acas – Maternity, paternity and adoption leave and pay, GOV.UK - Holidays, time off, sick leave, maternity and paternity leave, Equality and Human Rights Commission – Managing pregnancy and maternity in the workplace. Don’t exclude some employees or cause unfair disadvantage. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. The position concerning pension contributions is more complex. The employee has (or expects to have) responsibility for the baby’s upbringing. Find guidance and check lists on this, paternity leave and other benefits such as flexible working in the documents below. Some organisations have more generous contractual terms and pay a woman during the entire period of leave. Statutory maternity, paternity and adoption rights in the UK apply both before and after birth or adoption. Not be subjected to a disadvantage, unfair treatment or dismissal. After the first 26 weeks, the father of the child (or the mother’s partner) has the right to take up to 26 weeks’ leave if their partner returns to work, in effect taking the place of the mother at home. This draft has been replaced by a new draft, The Additional Paternity Leave Regulations 2010 ISBN 978-0-11-149365-6, 4.Entitlement to additional paternity leave (birth), 5.Options in respect of leave under regulation 4, 6.Notice and evidential requirements for leave under regulation 4, 7.Variation or cancellation of leave under regulation 4 before leave period has begun, 8.Employer’s confirmation of period of leave under regulation 4, 9.Commencement of leave under regulation 4, 10.Entitlement to additional paternity leave (birth) in the event of the mother’s death, 11.Options in respect of leave under regulation 4 in the event of the mother’s death, 12.Notice and evidential requirements for leave under regulation 4 in the event of the mother’s death, 13.Variation or cancellation of leave under regulation 4 in the event of the mother’s death, 14.Entitlement to additional paternity leave (adoption), 15.Options in respect of leave under regulation 14, 16.Notice and evidential requirements for leave under regulation 14, 17.Variation or cancellation of leave under regulation 14 before leave period has begun, 18.Employer’s confirmation of period of leave under regulation 14, 19.Commencement of leave under regulation 14, 20.Entitlement to additional paternity leave (adoption) in the event of the death of the adopter, 21.Options in respect of leave under regulation 14 where the adopter has died, 22.Notice and evidential requirements for leave under regulation 14 in the event of the death of the adopter, 23.Variation or cancellation of leave under regulation 14 in the event of the death of the adopter, 24.Disrupted placement or death of a child in the course of additional paternity leave, 26.Work during an additional paternity leave period, 27.Application of terms and conditions during additional paternity leave, 28.Redundancy during additional paternity leave, 29.Dismissal during additional paternity leave, 30.Early return from additional paternity leave period, 31.Right to return after additional paternity leave, 32.Incidents of the right to return after additional paternity leave, 35.Contractual rights to additional paternity leave. Parents will be less pressured in choosing between returning to work and the baby’s care. A maximum of twelve weeks leave will be paid at £160 a week, funded by the Government and not by employers. Rachel is a policy and research professional with over 20 years’ experience in the employment and HR arena. The mother and partner must have worked for their employers continuously for at least 26 weeks up to the 15th week before the expected week of childbirth. Find your perfect qualification and study centre, or read our guidance to choose the right course for you, Achieve your CIPD qualification online with ultimate flexibility, Browse and purchase our range of textbooks, toolkits and e-books, Learn about the knowledge and behaviours needed to work in the people profession, Assess yourself against the CIPD Profession Map and view personalised development options, Get an internationally recognised qualification, All you need to know about being a CIPD student as well as access to a wide range of resources, The essential companion for busy HR professionals, Gain insight on issues that matter to HR and L&D, Our profession plays an important role in ensuring work benefits everyone. Religion or belief 8. Women employees in the UK have had statutory maternity rights for many years, and fathers, partners and adoptive parents now have statutory rights to paternity leave, adoption and shared parental leave. LOCH, P. (2019) How to promote paternity leave. The main eligibility factors for basic paternity leave in the UK are: The maximum duration of the basic statutory leave is two weeks. There are various descriptions used for maternity leave in the UK. (3) the employer can require the birth certificate and the mother’s employer’s contact details. 1079797. Adopters whose average weekly earnings are below the lower earnings limit for National Insurance purposes do not qualify for SAP but may qualify for other welfare benefits. (2015) Shared parental leave: public attitudes. There is no qualifying period for the 52 weeks but there is a qualifying period for some of the statutory maternity pay. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Protection from detriment, disadvantage, unfair treatment or dismissal because of the pregnancy, maternity leave, etc. For more information see the EUR-Lex public statement on re-use. It included a universal maternal health benefit and a one off maternity grant of 30 shillings for insured women. Alternatively, they may return to work earlier than planned, in which case the employee should give at least eight weeks’ notice, unless the employer agrees to shorten this notification period. The context for maternity, paternity and adoption rights, Organisational development and design roles, Getting, developing and keeping the right people, HR-inform: practical HR and employment law resources, Building the best HR teams around the world, Championing better work and working lives, Maternity, paternity, shared parental and adoption leave and pay Q&As, Parental rights and other family-friendly provisions Q&As, law Q&As on on maternity, paternity, shared parental and adoption leave and pay, Why a more robust paternity leave policy is key to gender equality, Pregnancy and maternity discrimination update, Work for an employer who is liable (or would be liable but for the employee's low earnings) to pay the employer’s share of Class 1 National Insurance contributions, Have average weekly earnings in the eight weeks preceeding the qualifying week, at or above the lower earnings limit for the payment of National Insurance contributions.