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Employment

Maternity and Paternity
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When parents have a child – including by adoption or surrogacy – they may be entitled to maternity/paternity leave and pay.

The Employment Act 2002 and accompanying regulations ushered in significant changes to the law on maternity and paternity rights.

The Children and Families Act 2014 also allows shared parental leave (SPL) arrangements – and applies to parents whose babies are due or who are adopting on or after 5 April 2015.

Same sex couples have the same rights when a child is born.

Parents also have other rights, including requesting time off in the event of a family emergency involving their children, as well as flexible work schedules to facilitate childcare arrangements – and in some instances, unpaid parental leave.

Under the Employment Act 2002, the period of ordinary maternity leave was extended from 18 weeks to 26 weeks. The period of additional maternity leave was extended to 26 weeks from the date when ordinary maternity leave ended. The total statutory maternity leave is now 52 weeks, but new mothers do not have to take the full 52 weeks’ leave. However, new mothers must take two weeks’ leave after their baby is born and before they return to work. The Equality Act 2010 has also intoduced further statutory rights for new mothers if they can satisfy certain qualifying conditions, including:

• A total of 26 weeks’ ordinary maternity leave and 26 weeks’ additional maternity leave

• Maternity pay

• Offer of alternative work before being suspended on maternity grounds

• Paid time off to receive antenatal care

• Protection from dismissal by reason of pregnancy, childbirth or maternity

• Remuneration on suspension on maternity grounds

• Return to work after ordinary maternity leave or additional maternity leave.

Fathers who take time off if their partner is having a baby or they are adopting a child might be eligible for:

• One or two weeks’ paid Ordinary Paternity Leave

• Up to 26 weeks’ paid Additional Paternity Leave – but only if the mother or co-adopter returns to work.

New fathers may not receive both paternity leave and paternity pay – and there are rules on how to claim and when paternity leave can start.

A father’s employment rights are protected while he is paternity leave, including the right to:

• Accrue holiday

• Receive pay rises

• Return to work

Fathers-to-be can also be given time off from work to accompany their partner to two antenatal appointments.

We can advise parents, new parents and parents-to-be on their rights to maternity/paternity leave and pay – as well as advising on maternity and paternity discrimination in the workplace and maternity or paternity pay claims.

Our employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters.

Service Fees

We operate a transparent fee scale – and can offer a range of competitively priced funding options for claimants and respondents:

No-win-no-fee.

Damage based fee.

Contingency fee.

Fixed fees (for specific tasks)

Insurance funded cases.

Some cases may be funded with Home Contents Insurance or Contents/Buildings Insurance with Employment Protection Cover. We will advise on the best funding option at the initial client meeting.

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Solicitors Regulation Authority with Registration No: 639404.
Atlantic Solicitors
is the trading name of Atlantic Solicitors Limited,
a company registered in England and Wales with Company No.: 10811768.
Company Registered Office: Suite 206, Island Business Centre, 18-36 Wellington Street London SE18 6PF.
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