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Maternity, Paternity & Flexible working (Maternity Leave (additional…
Maternity, Paternity & Flexible working
a pregnant woman is entitled to paid time off work to attend ante-natal appointments. There is no qualifying service and no limit to the time off.
compulsory
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a heath & safety requirement: the employer is not permitted to allow the employee to work during the compulsory maternity leave period
ordinary (26 weeks)
To qualify for maternity leave, a woman must tell her employer at least 15 weeks before the baby is due:
that she is pregnant
the expected week of childbirth, by means of a medical certificate if requested
the date she intends to start maternity leave. This can normally be any date which is no earlier than the beginning of the 11th week before the baby is due.
Once notification has been given to the employer they must write to the employee, within 28 days of receiving her notification, setting out her return date.
The employee must give eight weeks' notice to change the return date.
additional (26 weeks)
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whilst on maternity leave, a woman is entitled to all the benefits of her contract of employment, except pay, but she will be able to claim maternity pay for the 26 weeks of ordinary maternity leave
Employees can do up to 10 days' work during her maternity leave without losing any Statutory Maternity Pay. These days are called Keeping in touch days and are optional both employee and employer need to agree them. Payment for these days should be agreed before the employee comes into work.
At the end of maternity leave, the employee has the right to return to her original job, if that is not possible then a similar job on the same terms and conditions should be offered.
A refusal to permit her to return to her old job may amount o a dismissal, which could be unfair and may also lead to direct discrimination
There is no requirement for the employee to notify her employer of her return to work after ordinary maternity leave, unless she wishes to return early in which case she must give at least 28 days' notice
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SMP is payable for 39 weeks
for the first six weeks it is paid at 90 percent of the average weekly earnings
The following 33 weeks will be paid at the SMP rate or 90 per cent of the average weekly earnings whichever is the lower.