CHAPTER 7 Parental rights

Pregnant women and those who have recently given birth have rights to time off in particular circumstances. Parents have rights to parental adoption and paternity leave, and for time off to deal with ad hoc emergencies and to seek longer-term flexible working to care for dependants.

Time off for antenatal care A pregnant woman cannot be unreasonably refused paid time off during working hours for antenatal care. If time off is refused or underpaid, complaint can be made to an employment tribunal. Parental rights

Maternity leave Maternity leave may be taken as a combination of two parts: –ordinary maternity leave –additional maternity leave Within the ordinary maternity leave period, beginning on the day on which childbirth occurs, is a shorter period of compulsory maternity leave lasting not less than two weeks. Parental rights

Returning to work after maternity leave An employee has the right to return to work on her original contract and on terms and conditions which are no less favourable than if she had not taken leave, or else she must be offered suitable and appropriate alternative employment. Parental rights

Parental leave Entitlement is subject to one year of continuous employment and applies to those having responsibility for children aged under 5. It must be requested and taken in blocks of one week. There are special exceptions for adoption leave – where the age limit is 18 but entitlement ceases on the fifth anniversary of the placement – and for children with disabilities, and when leave has been deferred by the employer. Parental rights

Employees must give 21 days’ notice of their intention to take parental leave, although the leave can be deferred. Those on leave are entitled to terms and conditions they would have enjoyed had they not been absent. Parental rights An employee has the right to return to his/her job under the original contract of employment and on terms and conditions not less favourable than those which would have applied if he/she had not taken maternity, adoption, parental or paternity leave. If this is not practicable, the returning employee has the right to be offered a suitable and appropriate alternative position.

Paternity leave Parents with child responsibilities are entitled to time off for parental leave for up to 13 weeks (or up to 18 weeks for a child receiving invalidity benefits). Parental rights

Adoption leave Like maternity leave, this is divided into: –ordinary adoption leave –additional adoption leave. Parental rights

Flexible working Subject to qualifying circumstances, an employee may ask for variations in the terms of their contract in relation to hours of work, times when required to work or place of work, in order to enable them to care for a dependant child. Parental rights

Protection from detriment An employee is entitled not to be subjected to any detriment because of pregnancy or for having taken paternity, maternity or adoption leave. Parental rights

Unfair dismissal It is automatically unfair, regardless of length of service, to dismiss an employee for any reason connected with pregnancy or with maternity, parental, adoption or paternity leave. Parental rights

Risk assessment Where an employee is pregnant, has given birth within the previous six months or is breast-feeding, the employer must assess workplace risks and take steps to avoid them, find her suitable alternative work or suspend her on full pay. Parental rights