Maternity leave Definition

GLOSSARY

Published by a UU��ֱ�� Employment expert

What does Maternity leave mean?

A woman's right to take maternity leave prior to and after the birth of the child. There are three types: ordinary maternity leave (lasts up to 26 weeks); additional maternity leave (starts on the day after the last day of ordinary maternity leave and lasts up to 26 weeks); and compulsory maternity leave (two to four weeks).

The mother of a child whose expected week of birth begins on or after 5 April 2015 and a second person (who must be the father of child, or married to, or the civil partner of, or the partner of, that mother) may also be entitled to share (if they wish) up to 50 of the 52 weeks of leave to which the mother would otherwise be entitled as maternity leave.

View the related checklists about Maternity leave

Employees and workers: checklist of rights

Employees and workers: checklist of rights For further information regarding employee status and worker status respectively, see Practice Notes: Worker status and Employee status. Description of right Legislation Employee only Employee and worker Further detail Starting employment: Provision of statement of particulars of employment and statement of changes ERA 1996, ss 1, 2, 4 Yes (until 5 April 2020) Yes (since 6 April 2020) See Practice Note: Written statements of employment particulars Part-time workers (no less favourable treatment) PTW Regs 2000, SI 2000/1551 Yes See Practice Note: Part-time workers Fixed-term employees (no less favourable treatment) FTE Regs 2002, SI 2002/2034 Yes See Practice Note: Fixed-term employees Pay, benefits and tax: Pay statements ERA 1996, s 8 Yes (in relation to wages or salary paid in respect of a pay period commencing before 6 April 2019) Yes (in relation to wages or salary paid in respect of a pay period commencing on or after 6 April 2019) See Practice Note: Pay statements and records Rights in relation to...

Minimum wage compliance checklist

Minimum wage compliance checklist This Checklist summarises the main steps and matters to be considered in determining whether or not someone is entitled to receive and receives the national minimum wage (NMW). In essence, this involves working out an hourly rate of pay by dividing payments received by hours worked. For further guidance on the NMW generally, see Practice Note: National minimum wage. For information on current NMW rates, see Practice Note: Employment-related statutory rates and limits—National minimum wage (NMW). For a checklist setting out how to calculate a worker’s pay for the purpose of determining whether they have been paid the NMW, see: Minimum wage calculation checklist [Archived]. The government publishes guidance on calculating the minimum wage (which also applies to workers entitled to the National Living Wage). This guidance provides practical advice and examples to explain: • what counts and does not count as pay and working hours for minimum wage purposes • eligibility for the minimum wage • how to calculate the minimum wage • how the...

Maternity leave

FORTHCOMING CHANGE: The Neonatal Care (Leave and Pay) Act 2023 received Royal Assent on 24 May 2023. Regulations will be made bringing into force its main provisions in due course. It will allow eligible employees with responsibility for a child who spends at least seven days in neonatal care to receive up to 12 weeks of paid leave. For further information, see: Paternity leave and pay—post–6 April 2024—Forthcoming change—neonatal care leave and pay.This Practice Note considers the right to statutory maternity leave under sections 71–75 of the Employment Rights Act 1996 (ERA 1996) and the Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312.Irrespective of length of service or hours of work, a pregnant employee is entitled to 52 weeks of statutory maternity leave. This is made up of three types of leave:•ordinary maternity leave (OML)•additional maternity leave (AML)•compulsory maternity leave (which forms part of ordinary maternity leave)Although all qualifying employees are entitled to both ordinary maternity leave and additional maternity leave, the two are separate (rather than...

Pregnancy and maternity discrimination

This Practice Note sets out the law regarding discrimination because of pregnancy, pregnancy-related illness and maternity under the Equality Act 2010 (EqA 2010).This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.Domestic laws that implement UK obligations under EU law are assimilated law. For further information, see Practice Note: Assimilated law.Discrimination because of pregnancy or pregnancy-related illnessEqA 2010 has separate provisions with regard to discrimination against a woman which occurs because of her pregnancy or pregnancy-related illness.These provisions define a period called the 'protected period'. That period begins when the relevant woman’s pregnancy begins, and ends:•if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy•(from 1 January 2024) if she does not have that right, but has a right to equivalent...

Discover our 160 Practice Notes on Maternity leave

Letter—employer acknowledgement of notification of maternity leave

Letter—employer acknowledgement of notification of maternity leave [To be typed on employer’s headed notepaper] [Insert date] Dear [insert name of employee] Congratulations and thank you for telling me about your pregnancy and the date that your baby is due. I am writing to you about your maternity leave and pay. As we have discussed, you are eligible for 52 weeks’ maternity leave, made up of 26 weeks’ ordinary maternity leave immediately followed by 26 weeks’ additional maternity leave). Given your chosen start date of [insert date], your maternity leave will end on [insert date]. During your maternity leave, all terms and conditions of employment, except those relating to pay, will continue. If you want to change the date your leave starts you must, if at all possible, tell me at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is sooner. There are also circumstances in which your maternity leave may start early. If you are...

Policy—carer’s leave

Policy—carer’s leave 1 Introduction 1.1 This policy sets out the approach that [insert name of organisation] (the Company) will take to the statutory right that employees have to take unpaid time off work to provide or arrange care for a dependant with a long-term care need, and the steps you should take if you need to make a request for such leave. 1.2 [This policy applies only to employees. It does not apply to agency workers, consultants[, contractors] [, volunteers] [, interns] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants[, contractors] [, volunteers] [, interns] and casual workers.] 1.3 This policy has been [agreed OR implemented following consultation] with [[enter name of relevant trade union(s)] OR [enter name of works council] OR [enter name of staff association]]. 1.4 Depending on the circumstances, you may have the right to take time off under another policy. For example: 1.4.1 in an emergency situation, you may be entitled to time off to care (or arrange...

Dive into our 71 Precedents related to Maternity leave

In relation to maternity leave, what are the consequences if an employee takes more than ten keeping in touch (KIT) days?

In relation to maternity leave, what are the consequences if an employee takes more than ten keeping in touch (KIT) days? For information on maternity leave generally, see Practice Note: Maternity leave. For information on maternity pay, see Practice Note: Maternity pay. Maternity leave Pregnant employees are entitled to 52 weeks of maternity leave, regardless of their length of service or their working hours. The 52 weeks is comprised of: • ordinary maternity leave (OML)—lasts for up to 26 weeks and can start at any point from eleven weeks before the baby is due (or earlier if the baby is born early) • additional maternity leave (AML)—lasts for up to 26 weeks and begins the day after the employee’s final day of OML • compulsory maternity leave (CML)—required by Directive 92/85/EEC, CML forbids employers from allowing employees who are entitled to OML to work for two weeks from the day on which the baby is born There is no express provision in the relevant legislation (ie Employment Rights Act 1996...

Does an employer have to allow paid or other leave when an employee suffers a family bereavement?

Does an employer have to allow paid or other leave when an employee suffers a family bereavement? There is no specific statutory right to paid or unpaid time off for compassionate leave, except in the limited circumstances set out in the statutory right to time off for dependants (sometimes known as 'emergency leave'). However other statutory provisions may dictate the manner in which an employer responds in circumstances where an employee suffers a bereavement and these are discussed below. The first step is to check whether the employer already has in place a bereavement policy or another policy (such as a compassionate leave policy, an absence from work policy, or leave policy) which covers the situation. The employer should obviously follows the terms of, and guidance in, any such policy. Right to unpaid time off for dependants Although not amounting to as much as a right to bereavement or compassionate leave, there is a statutory right for employees (not workers) to reasonable unpaid time off to care for 'dependants'...

See the 106 Q&As about Maternity leave

Employment weekly highlights—17 October 2024

This week’s edition of Employment weekly highlights includes: (1) a Private Members’ Bill transferring the functions of the Institute for Apprenticeships and Technical Education to the Secretary of State, ahead of its replacement by Skills England, (2) an analysis of the key changes to the Investment Associations updated Principles of Remuneration, (3) the government response to the consultation on seafarers’ wage regulations and guidance, together with the finalised Seafarer’s Wages Regulations 2024 and further regulations bringing the remaining provisions of the Seafarers’ Wages Act 2023 into force, (4) the new Office for Equality and Opportunity which replaces the Equality Hub, (5) a Private Members’ Bill that would amend the definition of still-birth to apply from 20 weeks into a pregnancy, (6) confirmation that HMRC will administer the new statutory neonatal care pay from April 2025, (7) the adoption of the Platform Work Directive by the Council of the EU, (8) the latest data from the Home Office register of licenced sponsors list, (9) the IRLR Highlights for November 2024, (10)...

Public Law weekly highlights—17 October 2024

This week's edition of Public Law weekly highlights includes the Attorney General’s plans to change legal risk guidance for government lawyers, the Supreme Court’s judicial review judgment in McAleenon, commencement of and a consultation about the Investigatory Powers (Amendment) Act 2024, the Product and Metrology Bill and two Bills to reform the House of Lords. This weekly highlights also includes further updates on Brexit highlights, Brexit SIs, Post-Brexit transition guidance, the Dawn Sturgess Inquiry, Subsidy control and State aid, Public procurement and Equality and human rights.

Read the latest 315 News articles on Maternity leave

18 Pregnancy and maternity discrimination: work cases

(1) This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of pregnancy and maternity.(2) A person (A) discriminates against a woman if, in the protected period in relation to a pregnancy of hers, A treats her unfavourably—(a) because of the pregnancy, or(b) because of illness suffered by her as a result of it.(3) A person (A) discriminates against a woman if A treats her unfavourably because she is on compulsory maternity leave.(4) A person (A) discriminates against a woman if A treats

73 Maternity equality clause

(1) If the terms of the woman's work do not (by whatever means) include a maternity equality clause, they are to be treated as including one.(2) A maternity equality clause is a provision that, in relation to the terms of the woman's work, has the effect referred to in section 74(1), (6) and (8).(3) In the case of a term relating to membership of or rights under an occupational pension scheme, a maternity equality clause has only such effect as a maternity equality rule would have.

Maternity leave is referenced 7 in UK Parliament Acts

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"What I spend on my yearly subscription, equals to a day's billable hours for me not to mention time efficiency and peace of mind."

Jai Stern

Access all documents on Maternity leave

GET ACCESS NOW

Top

Trial

UU��ֱ��

GLOSSARY