Maternity and Paternity Claims

If you believe you have been discriminated against on the grounds of maternity or paternity leave then you may be entitled to make a claim. We deal with claims on a no win no fee basis, to speak to one of our qualified solicitors call today on 01925 650151.

Maternity Leave Procedures

Pregnant employees have the right to Ordinary Maternity Leave of 26 weeks and Additional Maternity Leave of a further 26 weeks.

Ordinary maternity leave (OML) commences on the earliest of (a) the date that the employee notifies as the date she wishes it to commence, (b) the first day on which she is absent from work because of pregnancy/childbirth after the beginning of the 4th week before the expected week of childbirth (EWC) or (c) the day after the day on which childbirth occurs. Additional Maternity Leave (AML) commences on the day after the last day of OML.

The employee must notify her employer of the date on which she intends to commence OML (which must be no earlier than the beginning of the 11th week before the Expected Week of Childbirth) no later than the end of the 15th week before the EWC or, if that is not practicable, she must notify her employer as soon as practicable that she is pregnant, her EWC and the date on which she intends to commence OML.

Where OML begins the day after the beginning of the 4th week before childbirth, she must notify the employer as soon as practicable that she is absent because of pregnancy or where childbirth occurs before the notified leaving date, she must notify the employer that she has given birth as soon as is practicable. OML is compulsory for a period of 2 weeks, beginning with the day on which childbirth occurs.

An employee can return to work during AML, providing she gives 8 weeks' notice. An employee returning from OML is entitled to return to the job in which she was employed. An employee returning from a period of AML has the same right but, if that is not reasonably practicable, to another job that is suitable and appropriate for her in the circumstances. The employee is also entitled to retain her terms and conditions of employment.

Paternity Leave Procedure

To take paternity leave, a father must have been continuously employed for 26 weeks ending with the week immediately preceding the 14th week before the expected date of birth. He must be the child's father or married to, or the partner of, the child's mother and has or expects to have responsibility for bringing up the child.

The employee can take either 1 week's or 2 consecutive weeks' leave, to be taken during a period commencing with the child's birth and 56 days later.

If you have a query in relation to maternity/paternity issues or if you feel you may have been discriminated against on grounds relating to pregnancy contact us for legal advice as soon as possible. It costs nothing to ask and we can deal with many claims on a no win no fee basis. Call our employment law team today on 0845 009 0863

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