The page will refresh upon submission. During maternity leave an employee is entitled to all the benefits that she would have received had she not been on maternity leave, except wages and salary. This can be a doctor’s letter or form MAT1B which is usually issued by midwives or doctors at 20 weeks of pregnancy. At the end of additional maternity leave an employee may return to the job in which she was employed before absence unless it is not reasonably practicable for the employer to permit her to return to that job, in which case she is entitled to return to another job which is suitable for and appropriate for her to return to in the circumstances. Download our solicitor-approved Maternity Leave Policy to protect your business and comply with employment law. An employee can only take maternity leave if she gives you, the employer, the correct notice. If the employee wants to return to work before the end of her maternity leave, she must give you at least eight weeks’ notice of the date she intends to return to work. You can offer more maternity pay than SMP, but you must ensure that the maternity scheme is clear and easily accessible to staff. Maternity leave will start on the date that your employee tells you she wants to start her leave, but maternity leave can’t start more than 11 weeks before the baby is due. You then need to confirm that they are eligible, how much they’ll get and when the pay will start and stop. You can buy annual subscriptions to Lawrite services at the Lawrite Lawshop. The right to maternity leave applies to a woman who gives birth to a living child or has a stillbirth after 24 weeks of pregnancy. In cases where Labor Insurance payments do not reach fifty percent of salary, the employer shall make up the difference. 7. 12 months’ in total) regardless of their length of service. The employee must give you proof within 21 days of the SMP start date. The first 26 weeks of maternity leave are called ‘ordinary maternity leave’ under the law. Shared parental leave is due to be introduced in December. If it is not reasonably practical for the woman to give that much notice, perhaps because the baby is premature or because she has just started working for that employer, she has to give notice as soon as she can. It is for the employee to decide how much leave they wish to take, but a minimum of 2 weeks must be taken, (4 … 12 months’ in total) regardless of their length of service. The employee is entitled to SMP for 39 weeks. Quickly log in or create an account using an existing service, Must be at least 8 characters with at least one upper, one lower case letter and one number, Returning from ordinary maternity leave (OML). Bishopsgate Law employment lawyers provide independent legal advice about employment settlement agreements, and represent employees and employers at employment tribunals. If you refuse to allow a woman to return from maternity leave, she will be entitled to claim unfair dismissal. Your maternity leave is made up of two different parts: Ordinary Maternity Leave: this is the first six months – or 26 weeks. It’s a new right that will allow eligible employees – who are mothers, fathers, partners and adopters – to choose how they share time off from work after their child is born or adopted. SMP is subject to Income Tax, National Insurance contributions and any other regular deductions and should be paid by the same method and at the same time as the employee would usually be paid. The rate of SMP is 90% of average weekly wages for the first 6 weeks and then the statutory rate for SMP for the remaining 33 weeks (unless 90% is less than the statutory rate in which case she receives that amount instead). The maternity leave period is therefore 52 weeks in total (1 year). Last Updated on October 28, 2020 by Admin. If you return to work during this period, you have the right to return to exactly the same job that you had before you took maternity leave. the date when she intends to start her maternity leave. However, maternity leave can begin earlier than the date the employee chooses if she is absent from work for a reason that is wholly or partly to do with her pregnancy. Ordinary maternity leave (OML) To apply for maternity leave, a woman must tell her employer if possible (although not necessarily in writing) at least 15 weeks before the week in which the baby is due : What will happen: When you click n this button, you will be taken to Yahoo. Military leave, or "leave," is a servicemember's vacation time. From the first day of employment there is an entitlement to 26 weeks ordinary maternity leave and 26 weeks additional maternity leave. An employer’s guide to ordinary maternity pay and leave, An employer’s guide to ordinary paternity pay and leave, An employer’s guide to statutory adoption pay and leave. To apply for maternity leave, a woman must tell her employer if possible (although not necessarily in writing) at least 15 weeks before the week in which the baby is due : the date when the baby is due (the employer can ask to see evidence of this such as a medical certificate, MAT B1 form). When does statutory adoption leave start. This starts at the end of the Ordinary Maternity Leave period and lasts for a further 26 weeks. When you click n … It’s a criminal offence for an employer to let a woman work within two weeks of childbirth so women must have these two weeks off. She has stopped work wholly or partly because of pregnancy or childbirth; She has 26 weeks’ continuous employment with the same employer up to the qualifying week which is the 15th week before the expected week of childbirth; Her normal weekly earnings in the eight weeks before the start of the 14th week before the expected week of childbirth were at least £111 gross; She has reached the start of the 11th week before the expected week of childbirth. An employee returning after maternity leave normally has the right to return to the same job that she left. If you want more in-depth information – from an employment lawyer – about all aspects of employment law, then read our guide Employment Law Made Easy. Learn how to earn leave, request it, or spend it, and the types of leave: regular, paternity, emergency & more. Where accounted ordinary sick leave does not exceed thirty days in one year, fifty percent of salary shall be paid. Once you receive this notification you should write to the employee within 28 days setting out the date on which the employee’s full entitlement to maternity leave will start and end. For the first six weeks, this is at 90 per cent of her normal weekly earnings before tax. If the job she left was full-time and she would prefer to work in a more flexible pattern, she may request flexible working. At the end of ordinary maternity leave an employee is entitled to return to the job in which she was employed before absence. An employer’s guide to ordinary maternity pay and leave Law Pack All employees who are expecting a baby have the right to take both six months’ ordinary maternity leave and six months’ additional maternity leave (i.e. If she wants to bring it forward, she needs to tell her employer 28 days before the proposed new start date, if that is practical. You have the right to return to the same job after ordinary maternity leave. The Employer Support Service also includes access to the Lawrite Legal Advice Line for help from employment lawyers. Home >> Blog >> An employer’s guide to ordinary maternity pay and leave. UCU | University and College Union, Carlow Street, London NW1 7LH Telephone: 0207 756 2500. An employee’s employment rights, such as right to pay, holiday and returning to a job are protected during maternity leave. The new date cannot be earlier than the 11th week before the baby is due, as maternity leave cannot start before that date. To take shared parental leave, the baby must be due to be born – or placed for adoption – on or after 5 April 2015. You must get proof of the pregnancy before you pay SMP. Your payroll software can usually tell you how much you can get back. All employees who are expecting a baby have the right to take both six months’ ordinary maternity leave and six months’ additional maternity leave (i.e. You may be able to recover statutory maternity payments from HMRC. Posted by Admin August 26, 2020 October 28, 2020 Posted in Employment Law, Working Parents Tags: Antenatal Care, Leave, Leave Entitlement, Maternity Leave, Maternity Pay, Statutory Maternity Pay From the first day of employment there is an entitlement to 26 weeks ordinary maternity leave and 26 weeks additional maternity leave. She has to inform you that she is pregnant; the expected week her baby is due and the date she wants her leave to begin. Lawrite supports small business employers in the UK. Ordinary parental leave Updating author: Jo Broadbent, Hogan Lovells Summary The employed (birth and adoptive) parents of a child under the age of 18 each have the legal right to take up to 18 weeks' unpaid parental leave until the child's 18 th birthday. Statutory maternity pay (SMP) is a payment that you have to make to eligible employees, even if the employee doesn’t intend to return to work after the child is born. Women can, however, choose to work for up to ten days during their maternity leave without ending their leave. All pregnant employees are entitled to reasonable time off for antenatal care. If the woman subsequently decides that she wants to delay the start of her leave, she needs to tell the employer 28 days before the original date. If you’ve taken more than 26 weeks More than 26 weeks’ maternity leave is called ‘additional Any pending input will be lost. The Lawrite Documents package includes templates for employment law, HR, and health and safety document templates, law guides and updates. Packed with tips and expert advice on complying with employment legislation. Employees must give you 28 days’ notice that they want to start SMP. Currently there are important distinctions between the first 26 weeks of absence on ordinary maternity leave (OML) and the subsequent 26 weeks of additional maternity leave (AML). She has to give you this information at least 15 weeks before the baby is due. If the employee has worked continuously for the same employer for 26 weeks by the 15th week before the child is due she is entitled to Statutory Maternity Pay (SMP), if her average weekly earnings are at least equal to the lower earnings limit for National Insurance contributions, for the first 39 weeks. For the rest of the maternity pay period, a flat rate of £138.18 (or 90 per cent of average weekly earnings if this is less than £138.18).

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