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Maternity - A Guide

All employed women are entitled to a period of 52 weeks Maternity Leave regardless of length of service and Maternity Pay after 6 months service.

Whilst there are no legal requirements on employees to inform their employers that they are pregnant or a new mother they should bear in mind that their employer is not required to take any specific action until written notification has been provided. It is therefore important for the employee and her child's health and safety that employers should advise their employees to provide written notification as early as possible. Employers can also ask for a certificate from their employee's GP or midwife stating that she is pregnant.

Maternity leave can be a minefield for both employees and employers with a number of legal requirements to be met by both parties.

The Equality Bill makes it directly discriminatory to treat a woman unfavourably because of her pregnancy, pregnancy-related illness, absence or because she is receiving IVF treatment or on maternity leave during a "protected period".

As from April 3rd 2011 mothers will be able to share their maternity leave and pay with the father or other person responsible for the upbringing of the child.  The new legislation also applies to children adopted by couples in different sex relationships and to couples in same sex relationships and/or civil partnerships

The new entitlement will be called Additional Paternity Leave (APL) and will be in addition to the current entitlement to Paternity Leave and Pay. In the case of adoption, where a child is adopted jointly, one partner (of either sex) may take adoption leave and the other may take statutory paternity leave (currently two weeks).

 

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