Maternity, Paternity and Adoption Leave: Understanding Your Rights and Entitlements in the UK
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Introduction
Becoming a parent is one of the most life-changing experiences.
Ensuring you understand your rights when it comes to maternity, paternity, and adoption leave is essential.
Here’s a concise guide to your entitlements:
Maternity Leave and Pay
Leave: All pregnant employees are entitled to 52 weeks of maternity leave, split into 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. You must take at least 2 weeks after birth (4 weeks if working in a factory), but you can choose to take less.
Pay: Statutory Maternity Pay (SMP) offers:
90% of your average weekly earnings for the first 6 weeks.
£184.03 per week (or 90% of earnings, if lower) for the next 33 weeks.
If ineligible for SMP, you may qualify for Maternity Allowance.
Paternity Leave and Pay
Leave: Eligible employees can take up to 2 weeks of paid paternity leave.
Eligibility: You must be an employee, have worked for your employer for at least 26 weeks by the 15th week before the baby is due and be the biological father, partner, or adoptive parent. You must also give your employer at least 15 weeks’ notice.
Pay: Statutory Paternity Pay (SPP) is:
£184.03 per week or 90% of average weekly earnings, whichever is lower.
Paid for 1 or 2 weeks, depending on your choice.
Adoption Leave and Pay
Leave: Primary adopters are entitled to up to 52 weeks of adoption leave. Secondary adopters may take paternity leave.
Eligibility: You must be matched with a child by a UK adoption agency and provide the required notice and documentation.
Pay: Statutory Adoption Pay (SAP) offers:
90% of weekly earnings for the first 6 weeks.
£184.03 per week (or 90% of earnings, if lower) for the next 33 weeks.
Both single adopters and couples are eligible; one can take adoption leave and the other paternity leave.
Shared Parental Leave (SPL)
Leave: Parents can share up to 50 weeks of leave and 37 weeks of pay. SPL can be taken in blocks or all at once and allows returning to work and taking leave again later.
Eligibility: Both parents must be employed for 26 weeks by the end of the 15th week before the due date or adoption match, have worked 26 weeks in the last 66 weeks, and earn at least £30 per week for 13 weeks.
Pay: £184.03 (or 90% of the employee's average weekly earnings if this figure is less than the statutory rate)
Additional Rights for Parents
Job Protection: You have the right to return to your job or a similar role with the same terms after leave.
Holiday Entitlement: Accrued holiday continues during leave.
Protection from Discrimination: You cannot be treated unfairly or discriminated against for taking leave. Claims can be made to an employment tribunal if this occurs.
Practical Steps
Inform Your Employer: Notify your employer of your pregnancy or adoption plans at least 15 weeks before the due date. Provide necessary documents and notice for leave.
Know Your Rights: Understand your pay and leave entitlements, especially for Shared Parental Leave.
Plan Your Return: Consider your return to work and maintain communication with your employer during leave.
Conclusion
Understanding the entitlements above helps you balance your career and family life confidently. For personalised advice, consult an employment lawyer today.
Call a specialist employment lawyer
Magara law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. For more information or to our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.
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