ACCA F4 - Corp and Business Law (ENG)

134 8: Contract of employment  Part C Employment law

5.3 Maternity rights and the 'work-life balance'

A woman who is pregnant is given substantial rights under statute, including:

 The right to time off work for ante-natal care

 The right to ordinary maternity leave

 The right to additional maternity leave

 The right to maternity pay

 The right to return to work after maternity leave

 If dismissed, a claim for unfair dismissal

Much recent employment legislation has been concerned with the introduction of family-friendly

employment policies and the 'work-life balance'. The law has developed as a result in the areas of

maternity leave and pay, paternity leave, rights of adoptive parents and a right to request flexible working

5.3.1 Ante-natal care

An employee has a right not to be unreasonably refused time off for ante-natal care during working

hours.

5.3.2 Maternity leave and pay

If a woman has been employed for at least 26 weeks into the 15th week before the baby is due and earns a

minimum amount per week, she is entitled to statutory maternity pay. This is paid for 39 weeks during

her statutory maternity leave which is a maximum of 52 weeks. The amount of maternity pay received is

based on the woman's salary and is subject to a statutory maximum.

5.3.3 Paternity leave and pay

To qualify for paternity leave a man must qualify as an employee and generally have been with the

employer for at least 26 weeks before the 15th week before the baby is due. On giving the required notice,

eligible employees are entitled to take either one week or two consecutive weeks paid paternity leave. The

leave must be completed within 56 days of the actual birth of the child and, like maternity pay, paternity

pay is based on salary and subject to a statutory maximum.

5.3.4 Adoptive parents

The family-friendly employment policies introduced by the Employment Act 2002 extend to adoptive

parents, who have similar rights to those provided under the maternity provisions. There is a right to

statutory adoption leave(SAL) and statutory adoption pay (SAP). Statutory adoption leave may consist of

26 weeks of ordinary adoption leave and 26 weeks of additional adoption leave.

5.3.5 Flexible working

Employees have the right to apply for a change in terms and conditions of employment in respect of

hours, time and place of work and not to be unreasonably refused.

The employer may reasonably refuse a request on the grounds of:

 The burden of additional cost

 A detrimental effect on ability to meet customer demand

 An inability to re-organise the work amongst existing staff or to recruit additional staff

 A detrimental impact on quality or performance

 Insufficiency of work during the periods the employee proposes to work or

 Planned structural changes

5.3.6 Parental leave

Any employee with a year's continuous service who has parental responsibility is entitled to unpaid

parental leave of 13 weeks to care for each child up to the child's 5th birthday.