Recent changes to the law mean that many employees are confused when it comes to knowing their rights on Maternity Leave & Shared Parental Leave.
All employed women are eligible for maternity leave. They may also be entitled to maternity pay provided they meet certain criteria. Where the baby is born on or after 5 April 2015, eligible mothers are now entitled to end their maternity leave early so that the period of leave can be shared with the father.
The legislation is very complex with mothers, fathers and even employers themselves often wondering what the rights of the family are after the child has been born. If your employer treats you unfairly due to a taking maternity, paternity or shared parental leave you may be entitled to bring a claim for discrimination or unfair dismissal.
We have set out below a short summary of the rights available to parents which may provide you with some assistance:
Rights to Maternity Leave
- All employed women are eligible to take up to 52 weeks of maternity/adoption leave
- Your maternity leave can start 11 weeks before the due date of the baby or any time after that
Rights to Maternity Pay
You will be entitled to statutory maternity pay if:
- you have employed for at least 26 weeks before the fifteenth week before the child is due;
- your average weekly earnings in the eight weeks before the due date are more than £112 (figures correct as of 2015/16)
Rates of Statutory Maternity Pay
The rate of SMP that is payable is calculated as follows:
- 6 weeks at 90% of your pay;
- 33 weeks at £139.58 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks (figures correct as of 2015/16)
Shared Parental Leave
For babies born after 5 April 2015, parents can choose to share the maternity leave and, in some cases, the pay.
Again, the legislation is complex but in short:
- Shared parental leave can be taken if the mother chooses to end her maternity or adoption leave early. The untaken weeks of maternity or adoption leave can be taken as shared parental leave.
- If the mother is eligible for Statutory Maternity Pay she can choose to transfer this to her partner for up to a maximum of 37 weeks.
- Unlike maternity and paternity leave, eligible employees will be able to stop and start their shared parental leave and return to work between periods of leave if they wish.
If you have suffered ill-treatment due to parental rights at work or would like some additional information, we can help.
Make an Enquiry Now
To make a free enquiry based on any of the issues raised on this page call us on 0808 168 7288, or complete an Online Enquiry.
We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a 2no-win, no-fee2 agreement if appropriate.