Maternity and Paternity Rights In London

A woman who is pregnant is entitled to twenty six weeks leave; there is also a further 26 weeks extension that can be applied for. During this time you cannot be given notice, otherwise it would be deemed an unfair dismissal.

• Maternity leave normally cannot be taken until eleven weeks prior to the expected birth date.

• In cases where the person wishes to return before the leave is completed, they have to give the company due notice. It is not permitted for someone to return before two weeks have elapsed after birth, or in the case of factory work this is extended to four weeks.

• The employee has a legal right to return to the same post and position with the same benefits. If after the full extended leave their position is not practical due to various reasons, then an alternative equal situation has to be provided.

• An employer must also consider time off for ante-natal care, parental leave for fathers if they have the required length of service and also adoption leave.

• During pregnancy the mother may be offered alternative employment until she takes maternity leave, because of health factors in the working environment. If she refuses then it is possible she could lose pay entitlement.

The details of exact procedures can be found online, or consult one of our experienced solicitors by phoning or using the free chat feature on this website.

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