Maternity Leave Rights

Maternity leave rights are an important part of employment law which can be the cause of much confusion depending on an individual’s circumstances.

Maternity leave law is designed to safeguard your rights as a mother-to-be and new mother with regard to your current employment status and treatment, and to ensure that you are treated fairly and that your pregnancy and motherhood do not affect your employment conditions and prospects adversely.

Maternity leave rights in the UK normally grant a new mother a minimum of 26 weeks maternity leave on either maternity allowance or statutory maternity pay, along with a further minimum of 26 weeks unpaid leave. Provided you comply with maternity leave notification requirements, you can take this leave regardless of how long you have been with your employer, how many hours you work or how much you are paid. These are the basic statutory maternity leave rights, but they may be extended by specific contractual agreements between you and your employer.

Maternity leave rights also entitle you to return to work after the period of maternity leave is over and your period of continuous employment is not broken by maternity leave.

While the basics of maternity leave law may appear relatively simple, there are a number of qualifying factors that can make the situation more complex and from which disputes can arise. These factors may include the nature of your employment (whether full- or part-time) and if there is a redundancy situation.

If you believe that your maternity rights are being compromised, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any maternity leave issues you may have. Please contact us for an initial free consultation.

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