FAQ's - Family Friendly Provisions
What is ordinary maternity leave?
Ordinary maternity leave (OML) is a period of 26 weeks' leave available to all employees who give birth and comply with the notification conditions. It applies only to "employees", whether they are full time or part-time, fixed-term or permanent, but is not available to the self-employed or those who come within the statutory definition of "worker".
What is additional maternity leave?
Additional maternity leave (AML) follows immediately after the end of OML and lasts for a further 26 weeks, giving a total entitlement of 52 weeks' statutory maternity leave. All employees whose expected week of childbirth (EWC) starts on or after 1 April 2007, and who have qualified for OML, will also qualify for AML, regardless of their length of service. Employees whose babies were due before 1 April 2007 only qualify for AML if they have completed 26 weeks' continuous employment with their employer by the end of the 15th week before the EWC.
What is compulsory maternity leave?
The law requires that all employees must take a minimum of two weeks' maternity leave starting with the day on which childbirth occurs. This is extended to four weeks for factory workers. An employer will be guilty of a criminal offence if it allows an employee to work during compulsory maternity leave.
What is ordinary adoption leave?
Ordinary adoption leave (OAL) is a period of 26 weeks' statutory leave available to employees who have completed 26 weeks continuous service and are newly matched with a child for adoption by an adoption agency. Only one member of a couple adopting jointly can take statutory adoption leave. Employees on OAL may qualify for statutory adoption pay, depending on their salary and length of service.
What is additional adoption leave?
Additional adoption leave (AAL) is a period of 26 weeks' unpaid statutory leave which follows directly on from ordinary adoption leave and is available to employees who have completed 26 weeks continuous service, are adopting and are newly matched with a child for adoption by an adoption agency. Only one member of a couple who are adopting jointly can take statutory adoption leave.
What is statutory paternity leave?
Statutory paternity leave is a one or two-week period of leave granted by statute on the birth (or adoption) of a child, to a male or female employee who is the spouse or partner of the mother (or other adoptive parent) and expects to have responsibility for raising the child. The employee must have 26 weeks' continuous employment at the end of the 15th week before the expected week of childbirth, and may be entitled to statutory paternity pay (SPP) depending on level of earnings.
What is parental leave?
Parental leave is a period of unpaid leave available to a parent who has completed one year's employment, to care for a child under the age of five (or a disabled child under the age of 18). Eligible employees can take up to 13 weeks' parental leave for each child; and 18 weeks for each disabled child (that is, one who would be entitled to a disability living allowance) in blocks of at least one week. Arrangements for parental leave may be agreed between the employer and employee, with a fallback statutory scheme in the absence of such agreement.
My employer has mention "keeping in touch days", what are these?
An employee may carry out work on up to ten days for their employer during their maternity allowance period, statutory maternity leave period (SMLP) or statutory adoption leave period (SALP) without bringing their maternity leave or adoption leave to an end. For these purposes "work" means any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace.
Contact
Judith Ellery Head of Employment
Angelina Rigby Partner
Bethan Southcombe Solicitor
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This article summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published. This document is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.