Family Friendly Rights

Maternity Leave and Pay

Who is eligible?

  • All pregnant employees regardless of their length of service.

What are they entitled to?

  • 52 weeks maternity leave (26 weeks ordinary maternity leave and 26 weeks additional maternity leave).
  • subject to eligibility, 39 weeks maternity pay, or maternity allowance.

How much is statutory maternity pay?

  • As of 4 April 2021, SMP is paid at £151.97 per week or 90% of average weekly earnings (whichever is lower).

Key specific rights/obligations

  • 20 keeping in touch days without losing statutory maternity pay
  • Contract of employment continues as normal with the exception of pay
  • In the first 26 weeks of maternity leave, right to return to the original job. After the first 26 weeks, right to return to the same job or another suitable job om terms and conditions that are no less favourable.
  • Cannot work in first two weeks of maternity leave (four weeks if the employee works in a factory) following child birth
  • Can convert some of the maternity leave into shared parental leave

Adoption Leave and Pay

Who is eligible?

All employees adopting a new placed child regardless of their length of service.

  • What are they entitled to?
  • 26 weeks ordinary adoption leave and 26 weeks additional adoption leave.
  • subject to eligibility, 39 weeks adoption pay.

How much is statutory adoption pay?

  • As of 4 April 2021, SAP is paid at £151.97 per week or 90% of average weekly earnings (whichever is lower).

Key specific rights/obligations

  • 20 keeping in touch days without losing statutory adoption pay
  • Contract of employment continues as normal with the exception of pay
  • In the first 26 weeks’ of adoption leave, right to return to original job. After first 26 weeks, right to return to the same job or another suitable job om terms and conditions that are no less favourable.
  • Entitled to time off to attend adoption appointments
  • Employee must notify of an intention to take adoption leave within seven days of being notified of a match by the adoption agency
  • Can convert some of adoption leave into shared parental leave

Shared Parental Leave and Pay

Who can take Shared Parental Leave?

  • Where employee is the mother, she may curtail her maternity leave so other parent can take shared parental leave as long as they are in paid work and meet basic criteria.
  • Parent taking leave must have 26 weeks’ service as at the 15th week before childbirth and must remain in the same employment).
  • The same applies to those who are adopting.

What are they entitled to?

  • The scheme makes up to 50 weeks of Shared Parental Leave available and 37 weeks of Shared Parental Pay.
  • Subject to eligibility, 37 weeks pay.
  • Must be taken before child’s first birthday

How much is statutory Shared Parental Leave pay?

  • As of 4 April 2021, SPPay is paid at £151.97 per week or 90% of average weekly earnings (whichever is lower).

Key specific rights/obligations

  • 20 keeping in touch days without losing statutory pay
  • Contract of employment continues as normal with the exception of pay
  • Right to take leave at the same time as other parent
  • Shared Parental Leave can be taken in periods of a week or multiples of a week
  • An employer must have at least eight weeks’ notice of any shared parental leave
  • Each parent can make up to three requests for period of shared parental leave. Whether or not this can be refused depends on whether the employee has asked for continuous or discontinuous period of leave.

Parental Leave

Who is eligible?

Employees with one year’s continuous service who will be caring for a child.

What are they entitled to?

  • 18 weeks’ leave in total for each child.
  • Can be taken until child becomes 18 but restricted to four weeks in any year.

How much is parental leave pay?

  • It is unpaid

Key specific rights/obligations

  • Employees must give at least 21 days’ notice of wish to take parental leave
  • Employers can postpone but not refuse the request in certain circumstances
  • Must not be confused with shared parental leave

Paternity Leave and Pay

Who is eligible?

  • An employee who has been continuously employed for at least 26 weeks up to any day in the 15th week before the baby is due.
  • In the case of adoption, the employee must have been employed for at least 26 weeks by the end of the week they are matched with a child

What are they entitled to?

  • One or two weeks’ leave.

How much is statutory paternity pay?

  • As of 4 April 2021, £151.97 per week or 90% of average weekly earnings (whichever is lower).

Key specific rights/obligations

  • Right to paternity leave is lost if the employee takes shared parental leave first
  • Leave must be taken within 56 days of the birth or adoption

Entitled to unpaid time off to accompany their pregnant partner for up to ante-natal appointments

Parental Bereavement Leave

Who is eligible?

  • An employee who was the child or baby’s parent, either biological, adoptive or parent of a child born to a surrogate.
  • The partner of the child or baby’s parent
  • Individuals with day to day responsibility for the care of the child/baby and where the child or baby was living at home for 4 continuous weeks, ending with the date of death
  • This is day one right

What are they entitled to?

  • One or two weeks’ leave, taken together or separately to deal with the death of a child, if they die under the age of 18 or are stillborn after 24 weeks’ pregnancy.

How much is statutory parental bereavement leave pay?

  • As of 4 April 2021, parental bereavement leave is paid at £151.97 per week or 90% of average weekly earnings (whichever is lower).

Key specific rights/obligations

  • Must be taken within 56 days of date of death or stillbirth
  • Contract of employment continues as normal with the exception of pay
  • To be entitled to parental bereavement leave pay, must have 26 weeks of service and earn at least £120 per week before tax.
  • Parental bereavement leave can be taken between blocks of shared parental leave that were booked before the child died.

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