The Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2003, Statutory Instrument 2003 No. 672, as amended by the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2011
Employment Rights Act 1996, of 22 August 1996, as amended by the Employment Relations Act 1999, c.26, Employment Equality (Sexual Orientation) Regulations 2003 (No. 1661), Employment Equality (Religion and Belief) Regulations 2003 (No. 1660), Employment Relations Act 2004, Work and Families Act, 2006 (Chapter 18) and Employment Act 2008 (c.24) [url link provided for original Act of 1996].
Statutory Maternity Pay (General) Regulations 1986, Statutory Instrument No. 1960 of 1986, as amended by The Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2004 No. 698, and The Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006 and the Social Security Benefits Up-rating Order 2009.
The Paternity and Adoption Leave Regulations 2002, Statutory Instrument 2002, No. 2788 11th November 2002, as amended by The Paternity and Adoption Leave (Amendment) Regulations 2004 (S. I. No. 923 of 2004) and The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 and amendments made by Regulations 2010 No. 1059 Terms and Conditions of Employment, The Additional Paternity Leave (Adoptions from Overseas)
The Management of Health and Safety at Work Regulations 1999, as amended up to The Management of Health and Safety at Work (Amendment) Regulations 2006.
The Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002, as amended up to the Social Security Benefits Up-rating Order 2009. And the Additional Statutory Paternity Pay (General) (Amendment) Regulations 2011
Social Security Contributions and Benefits Act 2002, of 1992 (Chapter 4), as amended by Employment Act 2002, Chapter 22, Work and Families Act 2006, Chapter 18, and The Social Security (Contributions) (Amendment No. 1 and 2) Regulations 2009 [url link provided for original Act of 1992].
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002, Statutory Instrument 2002 No. 2822, 13 November 2002, as amended up to The Statutory Paternity Pay and Statutory Adoption Pay (General) and the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2006, 17 August 2006 [url link provided for original Regulations of 1986].
The Maternity and Parental Leave Regulations 1999, Statutory Instruments 1999 No. 3312, 10 December 1999, as amended by The Maternity and Parental Leave (Amendment) Regulations 2002, The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations and The Maternity and Parental Leave etc, the Paternity and Adoption Leave (Amendment) Regulations 2008 and Order No. 821 of 2011 Social Security Terms and Conditions of Employment, The Social Security Benefits Up-rating Order.
Act 2760 of 2010 The Social Fund Maternity Grant Amendment Regulations 2010, in force since 13th December 2010 The Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2011
An employee is entitled to ordinary maternity leave and additional maternity leave. Employee means the individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
The Maternity and Parental Leave Regulations 1999 §2, 4
Qualifying conditions
An employee is entitled to statutory maternity leave (ordinary maternity leave and additional maternity leave) provided that she satisfies the following conditions:(a) she notifies her employer no later than the end of the fifteenth week before her expected week of childbirth; or, if that is not reasonably practicable, as soon as is reasonably practicable, she notifies her employer of -(i) her pregnancy;(ii) the expected week of childbirth, and(iii) the date on which she intends her ordinary maternity leave period to start; and (b) if requested by her employer, she produces for his/her inspection a certificate from a registered medical practitioner, or a registered midwife, stating the expected week of childbirth.
The Maternity and Parental Leave Regulations 1999 §4, 11
Remarks: An employee who has notified her employer of the date on which she intends her ordinary maternity leave period to start may subsequently vary that date, provided that she notifies her employer of the variation at least 28 days before the date varied, or 28 days before the new date, whichever is the earlier, or, if that is not reasonably practicable, as soon as is reasonably practicable. If employee is off work for a pregnancy-related illness during the four weeks before the baby is due, her maternity leave and Statutory Maternity Pay (from employer) or Maternity Allowance (from Jobcentre Plus) will start automatically.
Duration
Compulsory leave
No less than two weeks after childbirth.
Employment Rights Act 1996 §72 The Maternity and Parental Leave Regulations 1999 §8
General total duration
Up to one year (52 consecutive weeks)
Employment Rights Act 1996 §71 The Maternity and Parental Leave Regulations 1999 §7
Remarks: This period is made up of: 26 weeks’ Ordinary Maternity Leave – during which the contract of employment continues, and during which the employee must continue to receive all her contractual benefits except (unless agreed otherwise) wages or salary and 26 weeks’ Additional Maternity Leave – during which the contract of employment continues, but only certain terms of that contract apply.
Historical data (year indicates year of data collection)
2009: Up to one year (52 consecutive weeks)
2004: Twenty-six weeks
1998: Fourteen to eighteen weeks
1994: Fourteen weeks
Leave in case of illness or complications
Not identified Extension in case of multiple births is not provided
The Maternity and Parental Leave Regulations 1999
RELATED TYPES OF LEAVE
Parental leave
Scope
Every employee who expects to have responsibility for a child, is entitled to be absent from work on parental leave for the purpose of caring for that child. Employee means the individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
The Maternity and Parental Leave Regulations 1999 §13.1
Qualifying conditions
If you have a child aged under five, (or under 18 if your child is disabled), you may have the right to parental leave. To qualify you must be an employee and have at least one year’s continuous service where you work. You must also either be the parent: named on the child’s birth certificate named on the child’s adoption certificate with legal parental responsibility for a child under five (under 18 if the child is disabled) If you are separated and you don’t live with your children, you have the right to parental leave if you keep formal parental responsibility for the children. If you are self-employed or a worker (eg agency worker, contractor etc) then you are not entitled to parental leave. Foster parents do not have rights to parental leave but may be able to request a flexible working pattern. Your employer could ask for evidence that you are entitled to parental leave. This could be: your child’s birth certificate papers confirming your child’s adoption or the date of placement in adoption cases the award of disability living allowance for your child
The Maternity and Parental Leave Regulations 1999 §13.1 directgov, Public services all in one place
Length
An employee is entitled to 13 weeks’ leave in respect of any individual child.
The Maternity and Parental Leave Regulations 1999 §14-15
Remarks: However parents of children for whom an award of Disability Living Allowance has been made are entitled to 18 weeks' parental leave. An employee may not exercise any entitlement to parental leave in respect of a child: (a) after the date of the child's fifth birthday; (b) in a case where the child is entitled to a disability living allowance, after the date of the child's eighteenth birthday.
Paternity leave
Scope
An employee is entitled to be absent from work for the purpose of caring for a child or supporting the child’s mother. Employee means the individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
The Paternity and Adoption Leave Regulations 2002 §4-5 and 12
Qualifying conditions
He has been continuously employed for a period of not less than 26 weeks ending with the week immediately preceding the 14th week before the expected week of the child’s birth and has complied with the notice requirements. The employee has to be either the father of the child or married to or the partner of the child’s mother, but not the child’s father.
You may qualify for Additional Paternity Leave and Pay if either: you are the father of a child due on or after 3 April 2011 your wife, partner or civil partner is pregnant and due to give birth to a child on or after 3 April 2011 you and your partner receive notification that you are matched with a child for adoption on or after 3 April 2011 your spouse, civil partner or partner (including same-sex relationships) is adopting a child from overseas and the child enters Great Britain on or after 3 April 2011.
The Paternity and Adoption Leave Regulations 2002 §4-5 directgov, Public services all in one place
Length
Either one week’s leave or two consecutive week’s leave (choice of the employee) to be taken within 56 days of the child’s birth or placement with the adoption.
Additional Paternity Leave is for a maximum of 26 weeks. If your partner has returned to work, the leave can be taken between 20 weeks and one year after your child is born or placed for adoption. You may be entitled to receive Additional Statutory Paternity Pay during your partner’s.
You may qualify for Additional Paternity Leave and Pay if either: you are the father of a child due on or after 3 April 2011 your wife, partner or civil partner is pregnant and due to give birth to a child on or after 3 April 2011 you and your partner receive notification that you are matched with a child for adoption on or after 3 April 2011 your spouse, civil partner or partner (including same-sex relationships) is adopting a child from overseas and the child enters Great Britain on or after 3 April 2011
The Paternity and Adoption Leave Regulations 2002 §5 directgov, Public services all in one place
Adoption leave
Scope
An employee is entitled to adoption leave when adopting a child.
The Paternity and Adoption Leave Regulations 2002 §8, 15, 18 and 20
Qualifying conditions
An employee is entitled to ordinary adoption leave in respect of a child if the employee (a) is the child’s adopter; (b) has been continuously employed for a period of not less than 26 weeks ending with the week in which he was notified of having been matched with the child, and (c) has notified the agency that he agrees that the child should be placed with him and on the date of placement; and has complied with the notice requirements in regulation. Paternity leave for adoption. An employee is entitled to be absent from work for the purpose of caring for a child or supporting the child’s adopter, as long as he meets the following requirements:(a) has been continuously employed for a period of not less than 26 weeks ending with the week in which the child’s adopter is notified of having been matched with the child;(b) is either married to or the partner of the child’s adopter, and (c) has, or expects to have, the main responsibility (apart from the responsibility of the adopter) for the upbringing of the child.
The Paternity and Adoption Leave Regulations 2002 §8, 15, 18 and 20;
Length
52 weeks. This is made up of 26 weeks’ ordinary adoption leave (OAL) and 26 weeks’ additional adoption leave (AAL).
The Paternity and Adoption Leave Regulations 2002 §2(1) and §18
RIGHT TO PART-TIME WORK
General provisions
Anyone can ask their employer for flexible work arrangements, but the law provides some employees with the statutory right to request a flexible working pattern. You must: be an employee, but not an agency worker or in the armed forces; have worked for your employer for 26 weeks’ continuously before applying; not have made another application to work flexibly under the right during the past 12 months; You will then have the statutory right to ask if you: have or expect to have parental responsibility of a child aged under 17 have or expect to have parental responsibility of a disabled child under 18 who receives Disability Living Allowance (DLA) are the parent/guardian/special guardian/foster parent/private foster carer or as the holder of a residence order or the spouse, partner or civil partner of one of these and are applying to care for the child are a carer who cares, or expects to be caring, for an adult who is a spouse, partner, civil partner or relative; or who although not related to you, lives at the same address as you.
Employment Rights Act 1996 directgov, Public services all in one place
CASH BENEFITS
Maternity leave benefits
There are two maternity benefits available to women under the social security scheme:
Statutory Maternity Pay (SMP) from employer and Maternity Allowance (MA) from the Department for Work and Pensions (DWP), Jobcentre Plus. Both types of payment are intended to help women take time off work both before and after the date your baby is due. It is not possible to get both at the same time.
Statutory Maternity Pay is a weekly payment that employee may be able to get from her employer. Female worker must meet qualifying conditions based on the length of her employment with her employer and how much she earns. The amount of SMP she receives also depends on how much she earns.
If a woman cannot get Statutory maternity pay from her employer, they may be able to get:
Maternity Allowance from Jobcentre Plus. MA is a weekly payment that a woman may be able to get if she has been employed or self-employed for some of the time during and before becoming pregnant and her earnings for part of that time were at least £30 a week.
Maternity Allowance If a woman is not entitled to get either SMP or MA, she may be able to get some Employment and Support Allowance instead.
ALL THE FOLLOWING INFORMATION IS REFERRED TO STATUTORY MATERNITY PAY
Social Security Contributions and Benefits Act 2002 A guide to Maternity Benefits 2011 Department for Work and Pensions
Scope
Statutory Maternity Pay (SMP) is a weekly payment made by employers to their employees or former employees. Employers pay SMP to those women who have been employed by them prior to becoming pregnant and during their pregnancy. So if a woman was not employed in her pregnancy she cannot get SMP. But she may be able to receive Maternity Allowance (MA) from Jobcentre Plus.
Statutory Maternity Pay (General) Regulations 1986 A guide to Maternity Benefits 2011 Department for Work and Pensions
Qualifying conditions
An employee must have 26 weeks of continuous service with the same employer as of the 15th week before the expected week of confinement to be entitled to statutory maternity pay (SMP). Her average earnings must be not less than the lower earnings limit for the payment of National Insurance contributions. The woman must be pregnant at the 11th week before the expected week of confinement. The woman must also give notice to her employer of her absence 28 days before the commencement of maternity leave, or if this is not possible, as soon as reasonably practicable.
Social Security Contributions and Benefits Act 2002 §164.(1) (2) (3) (4) (5)
Duration
If you qualify for SMP, it is paid: for the first six weeks at 90 per cent of your average gross weekly earnings with no upper limit for the remaining 33 weeks at the lower of either the standard rate of £128.73 (2011) or 90 per cent of your average gross weekly earnings
Social Security Contributions and Benefits Act 2002 §165-166 Statutory Maternity Pay (General) Regulations 1986 §2(2)
Amount
90 per cent of the woman’s weekly earnings in respect of the first 6 weeks of maternity pay period and from week 6 to week 39 £123.06 or 90 per cent of the average weekly earnings, whichever is lower (since April 2009).
Social Security Contributions and Benefits Act 2002 §165-166 Statutory Maternity Pay (General) Regulations 1986 §6
Remarks: The earnings-related rate is a weekly rate equivalent to 90 per cent of a woman's normal weekly earnings for the period of 8 weeks immediately preceding the 14th week before the expected week of confinement.
Historical data (year indicates year of data collection)
2009: 90 per cent of the woman's weekly earnings in respect of the first 6 weeks of maternity pay period and from week 6 to week 39 £123.06 or 90 per cent of the average weekly earnings, whichever is lower (since April 2009).
2004: Ninety percent for six weeks, flat rate after
1998: Ninety percent for six weeks, flat rate after
1994: Ninety percent for six weeks, then flat rate
Financing of benefits
Mixed. Employers pays the benefit but are entitled to recover 92% of the Statutory Paternity Pay they have paid.
Social Security Contributions and Benefits Act 2002 §167 The Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2003 §4
Historical data (year indicates year of data collection)
2009: Employer.
All employers are entitled to recover 92% of the Statutory Paternity Pay they pay.
2004: Employer (refunded for ninety-two percent by public funds)
1998: Social security
1994: Social security
Parental leave benefits
Amount
Unpaid (but the employee may get income support if low income).
The Maternity and Parental Leave Regulations 1999 §13, 14, 15
Paternity leave benefits
Scope
The employee has to be either the father of the child or married to or the husband/partner of the child’s mother. If he is the father of the child, he shall have or expect to have the responsibility for the upbringing of the child. If he is the mother’s husband or partner but not the child’s father, he shall have or expect to have the main responsibility (apart from any responsibility of the mother) for the upbringing of the child.
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 §4
Qualifying conditions
1) The employee has to be working continuously for his employer for 26 weeks up to the 15th week the baby is due. 2) The employee’s has an average weekly earnings at or above the Lower Earnings Limit for National Insurance purposes which applies at the end of the fifteenth week before the week the baby is due. 3) The employee must tell his employer of his intention to take paternity leave by the 15th week before the baby is expected and must give 28 days’ notice of any change of date.
You may qualify for Additional Paternity Leave and Pay if either: you are the father of a child due on or after 3 April 2011 your wife, partner or civil partner is pregnant and due to give birth to a child on or after 3 April 2011 you and your partner receive notification that you are matched with a child for adoption on or after 3 April 2011 your spouse, civil partner or partner (including same-sex relationships) is adopting a child from overseas and the child enters Great Britain on or after 3 April 2011.
The mother or adopter must have started working again and any relevant payment must have stopped, with at least two weeks of the 39 week payment period remaining.
You must intend to care for the child during your Additional Statutory Paternity Pay period. Additional Statutory Paternity Pay is only payable to you during the period of your partner’s 39 week Maternity Allowance, Statutory Maternity or Statutory Adoption Pay period.
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 §4 directgov, Public services all in one place
Duration
Statutory paternity pay shall be payable (for one or two weeks) at such fixed or earnings related weekly rate, which may prescribe different kinds of rates for different cases. (From April 2009, duration will increase up to 26 weeks to care for child in its first year if mother has returned to work and had not used her full entitlement to paid maternity leave).
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 §4, 6
Amount
£123.06 or 90 per cent of the average weekly earnings, whichever is less.
The Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 §2a
Financing of benefits
Mixed. Employers pays the benefit but are entitled to recover 92% of the Statutory Paternity Pay they have paid.
Social Security Contributions and Benefits Act 2002 §167 Inland Revenue E-15 and E-16 (2006) Pay and time off work for parents (Employers help book) (Employers help book)
Adoption leave benefits
Scope
In case of adoption, the scope is the same as for maternity and paternity pay related to the birth of a child.
Social Security Contributions and Benefits Act 2002 §171ZL The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 §11 directgov, Public services all in one place
Qualifying conditions
Be an employee be newly matched with a child by an adoption agency (’matched’ means that the adoption agency gives you the details of the child they think is suitable for you to adopt) have worked continuously for your current employer for at least 26 weeks before the beginning of the week when you are matched with a child so long as you meet the above criteria and you give your employer the correct notice. You must give your employer documentary proof to show that you have the right to paid Statutory Adoption Leave. The adoption agency must be recognized in the UK. You will not qualify for Statutory Adoption Leave or Pay if you: arrange a private adoption become a special guardian adopt a stepchild have a child through surrogacy
If you are adopting a relative from overseas
be the child’s adopter have worked for your employer continuously for at least 26 weeks by the time you wish to start your Statutory Adoption Leave have received official notification confirming the central authority has, or is prepared to, issue a certificate confirming you are eligible to adopt and have been assessed and approved as being a suitable adoptive parent
Employment Rights Act 1996 §171ZL The Paternity and Adoption Leave Regulations 2002 §11, 13, 15 directgov, Public services all in one place
Remarks: Employees must give their employers the right notice of when they want to start your Statutory Adoption Leave and Pay and evidence to confirm this entitlement. This notice in writing if the employer asks it. three stages to the notice must be followed. First: Employee should tell his employer both: the date on which it was received official notification on adoption the date on which the child is expected to enter Great Britain
Employee must give his employer notice within 28 days of receiving official notification if he has worked for them for 26 weeks. If employee have not worked for them for 26 weeks, notice must be given within 28 days of completing 26 weeks' service. Second: notify employer at least 28 days' notice of the actual date employee want his Statutory Adoption Leave and Statutory Adoption Pay to start. Statutory Adoption Leave and Pay cannot start before the child enters Great Britain. Third (after the child has entered Great Britain) Employee must tell his employer the date the child actually entered Great Britain within 28 days of this entry. If you are also claiming Statutory Adoption Pay employee needs to give evidence of the entry date.
Duration
If your average weekly earnings are £102 or more (before tax). Statutory Adoption Pay 2011 is paid at £128.73 or 90 per cent of your average weekly earnings if this is less. If you qualify, you will be entitled to Statutory Adoption Pay for 39 weeks. (Although adoption leave are 52 weeks in total)
Additional Statutory Paternity Pay For you to qualify for Additional Statutory Paternity Pay you must be an employed earner. That is you must work for someone who is liable to pay the employer’s share of your class one National Insurance contributions. You must also earn at least the lower earnings limit (LEL) for National Insurance contributions in force at the end of the qualifying week.
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 §21(5) directgov, Public services all in one place
Amount
90 per cent of the weekly earnings in respect of the first 6 weeks and for the remaining period £123.06 or 90 per cent of the average weekly earnings, whichever is lower (since April 2009).
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 §21(5) Social Security Contributions and Benefits Act 2002 §165-166 The Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 §2a
Financing of benefits
Mixed. Employers pays the benefit but are entitled to recover 92% of the Statutory Paternity Pay they have paid.
Social Security Contributions and Benefits Act 2002 §167 The Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2003 §4 Inland Revenue E-15 and E-16 (2006) Pay and time off work for parents (Employers help book)
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
Pre-natal, childbirth and post-natal care are covered. Prescriptions and NHS dental treatment are free while you are pregnant and for 12 months after you have given birth. Children also get free prescriptions until they are 16. To claim free prescriptions, ask your doctor or midwife for form FW8 and send it to your health authority. You will be sent an Exemption Certificate that lasts for a year after your due date
Anyone can ask their employer for flexible work arrangements, but the law provides some employees with the statutory right to request a flexible working pattern. You must: be an employee, but not an agency worker or in the armed forces; have worked for your employer for 26 weeks’ continuously before applying; not have made another application to work flexibly under the right during the past 12 months; You will then have the statutory right to ask if you: have or expect to have parental responsibility of a child aged under 17 have or expect to have parental responsibility of a disabled child under 18 who receives Disability Living Allowance (DLA) are the parent/guardian/special guardian/foster parent/private foster carer or as the holder of a residence order or the spouse, partner or civil partner of one of these and are applying to care for the child are a carer who cares, or expects to be caring, for an adult who is a spouse, partner, civil partner or relative; or who although not related to you, lives at the same address as you.
directgov, Public services all in one place
Night work
Where a certificate from a registered medical practitioner or a registered midwife shows that it is necessary for the health or safety of a new or expectant mother that she should not be at work at night for any period of such work identified in the certificate, the employer shall suspend her from work for so long as is necessary for her health or safety.
The Management of Health and Safety at Work Regulations 1999 §17
Overtime
Not prohibited.
Employment Rights Act 1996 The Management of Health and Safety at Work Regulations 1999
Work on rest days
Not prohibited.
The Management of Health and Safety at Work Regulations 1999 Employment Rights Act 1996
Time off for medical examinations
An employee who is pregnant, and has, on the advice of a registered medical practitioner, midwife or health visitor, made an appointment to attend at any place for the purpose of receiving ante-natal care, is entitled to be permitted by her employer to take paid time off during the employee’s working hours in order to enable her to keep the appointment.
Employment Rights Act 1996 §55-56
Leave in case of sickness of the child
An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee¿s working hours in order to take action which is necessary (a)to provide assistance on an occasion when a dependant falls ill, gives birth, or is injured or assaulted, (b)to make arrangements for the provision of care for a dependant who is ill or injured,(c)in consequence of the death of a dependent (d)because of the unexpected disruption or termination of arrangements for the care of a dependant, or (e)to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.
Employment Rights Act 1996 §57A
Other work arrangements
BREASTFEEDING
According to the Official Website of the Health and Safety Executive:
There are no legal restrictions on breastfeeding at work or any time limit for doing so. This is something for you to decide but it should not prevent you from returning to work.
You should provide your employer with written notification that you are breastfeeding. It is advisable to do this before you return to work, so your employer can ensure you return to a healthy, safe and suitable environment.
Your employer may provide a private, healthy and safe environment for you to express and store milk, although there is no legal requirement for them to do so. However, your employer is legally required to provide somewhere for pregnant and breastfeeding mothers to rest and, where necessary, this should include somewhere to lie down.
Health and Safety Executive
Dangerous or unhealthy work
Risk assessment
» Assessment of workplace risks
Where the persons working in an undertaking include women of child-bearing age and the work is of a kind which could involve risk, by reason of her condition, to the health and safety of a new or expectant mother or to that of the baby from any processes or working conditions, or physical, biological or chemical agents, including those specified in Annexes I and II of Council Directive 92/85/EEC, the employer should make a suitable and sufficient assessment of risks involved. "New or expectant mother" means an employee who is pregnant; who has given birth within the previous six months; or who is breastfeeding.
The Management of Health and Safety at Work Regulations 1999 §1 and 16.1
» Adaptation of conditions of work
Where, in the case of an individual employee, the taking of any other action the employer is required to take under the relevant statutory provisions would not avoid the risk from any processes of working conditions, or physical, biological or chemical agents, the employer shall, if it is reasonable to do so, and would avoid such risks, alter her working conditions or hours of work.
The Management of Health and Safety at Work Regulations 1999 §16.2
» Transfer to another post
Employer must either remove the risk or remove pregnant worker from being exposed to it. Offering the pregnant worker another suitable alternative work is one of the options.
The Management of Health and Safety at Work Regulations 1999
» Paid/unpaid leave
If is not possible either remove the risk or transferring the pregnant worker to other suitable work, employers should suspend pregnant worker from work on full pay.
If pregnant worker has been in her job for a month or more when is suspended, she has the right to be paid for up to 26 weeks of suspension. The pay should be equal to a normal week’s pay.
The Management of Health and Safety at Work Regulations 1999
» Right to return
(1) An employee who takes parental leave for a period of four weeks or less, other than immediately after taking additional maternity leave, is entitled to return from leave to the job in which she was employed before her absence.
(2) An employee who takes additional maternity leave, or parental leave for a period of more than four weeks, is entitled to return from leave to the job in which she was employed before her absence, or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances.
(3) An employee who takes parental leave for a period of four weeks or less immediately after additional maternity leave is entitled to return from leave to the job in which she was employed before her absence unless¿
(a)it would not have been reasonably practicable for her to return to that job if she had returned at the end of her additional maternity leave period, and
(b)it is not reasonably practicable for the employer to permit her to return to that job at the end of her period of parental leave;
otherwise, she is entitled to return to another job which is both suitable for her and appropriate for her to do in the circumstances.
The Maternity and Parental Leave Regulations 1999 §18 A guide to Maternity Benefits 2011 Department for Work and Pensions
Particular risks
lifting or carrying heavy loads, standing or sitting for long periods, exposure to toxic substances, long working hours
A guide to Maternity Benefits 2011 Department for Work and Pensions The Management of Health and Safety at Work Regulations 1999
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
The equality Act 2010 prohibits direct discrimination, discrimination in employment to hire or promoting a person; pregnancy and maternity discrimination among other subjects.
Equality Act 2010 and its regulations 2011
Anti-discrimination measures
An employee who takes ordinary maternity leave is entitled, during the period of leave, to the benefit of all of the terms and conditions of employment which would have applied if she had not been absent, and is bound, during that period, by any obligations arising under those terms and conditions.
The Maternity and Parental Leave Regulations 1999 §9.1 Equality Act 2010 and its regulations 2011
Prohibition of pregnancy testing
Not identified
Equality Act 2010 and its regulations 2011
Protection from discriminatory dismissal
An employee who is dismissed is to be regarded as unfairly dismissed if the employee took, or sought to take, maternity leave, paternity or adoption leave or when the employer believed that the employee was likely to take ordinary or additional adoption leave, or the employee failed to return after a period of additional adoption leave in a case where -(i) the employer did not notify him, or otherwise, of the date on which that period would end, and he reasonably believed that the period had not ended, or (ii) the employer gave him less than 28 days’ notice of the date on which the period would end, and it was not reasonably practicable for him to return on that date. An employee who is dismissed shall also be regarded for the purposes as unfairly dismissed if it is shown that the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was: Reasons connected with - (a) the pregnancy of the employee; (b) the fact that the employee has given birth to a child;(c) the application of a relevant requirement, or a relevant recommendation, as defined by section 66(2) of the 1996 Act; (d) the fact that she took, sought to take or availed herself of the benefits of, ordinary maternity leave; (e) the fact that she took or sought to take - (i) additional maternity leave; (ii) parental leave, or(iii) time off under section 57A of the 1996 Act.
The Maternity and Parental Leave Regulations 1999 §20 The Paternity and Adoption Leave Regulations 2002 §29.3
Burden of proof
If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred. This will not apply if the person (A) shows that A did not contravene the provision.
Equality Act 2010 and its regulations 2011 §136
Guaranteed right to return to work
An employee who returns to work after a period of ordinary maternity leave, or a period of parental leave of four weeks or less, which was -(a) an isolated period of leave, or (b) the last of two or more consecutive periods of statutory leave which did not include any period of additional maternity leave or additional adoption leave, or a period of parental leave of more than four weeks, is entitled to return to the job in which she was employed before her absence. An employee who returns to work after a period of paternity leave, additional maternity leave, or a period of parental leave of more than four weeks, whether or not preceded by another period of statutory leave, or a period of ordinary maternity leave, or a period of parental leave of four weeks or less, is entitled to return from leave to the job in which she was employed before her absence or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances.
The Maternity and Parental Leave Regulations 1999 §18 The Paternity and Adoption Leave Regulations 2002 §13, 14
Results generated on: 20th April 2024 at 02:18:06.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.
