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Families & Pregnancy - The Statutory Rights of Employees, Employee Shareholders and Workers

In our last post, the first in a series of six, we looked at the various statuotry rights of employees, employee shareholders and workers and during the contractual relationship. This post looks at the statutory rights of employees, employee shareholders and workers, but in relation to Families and Pregnancy.

At EmployEasily, we help Employers to identify the status of workers they engage with a view to providing them with a full audit to ensure they are adequately protected and meeting their legal obligations.  If you would like a Free Consultation you can either Call us Today on 0800 612 4772 or Contact Us via our website.

In our next four updates we will be looking at Discrimination, Detriment, Time off and Termination.  Follow us on Twitter @EmployEasilyHR to keep informed.

Families and pregnancy

Statutory right

Statutory reference

Employee

Employee shareholder

Worker

Statutory maternity pay (SMP)

Social Security and Benefits Act 1992

However, see note 1

Statutory paternity pay (SSP)

Social Security and Benefits Act 1992

Statutory adoption pay (SAP)

Social Security and Benefits Act 1992

Parental leave

Regulation 13, Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312)

However, see note 2

Ordinary maternity leave (OML)

Section 71, ERA 1996

However, see note 2

Additional maternity leave (AML)

Section 73, ERA 1996

However, see note 2

Statutory paternity leave

Sections 80A-E, ERA 1996

However, see note 2

Statutory adoption leave

Sections 75A-D, ERA 1996

However, see note 2

Request flexible working

Sections 80F-I, ERA 1996

However, see note 3

Not to be suspended on maternity grounds

Sections 66-68, ERA 1996

Note 1: the definition of "employee" for SMP purposes is wider than the standard definition in the ERA 1996

Note 2: employee shareholders must give additional notice:

  • 16 weeks' notice (rather than eight weeks) to the employer of their intention to return to work during the maternity leave period (under regulation 11 of the Maternity and Parental Leave etc. Regulations 1999) or adoption leave (under regulation 25 of the Paternity and Adoption Leave Regulations 2002). 

  • 16 weeks' notice (rather than six weeks) to the employer of their intention to return to work during the additional paternity leave period (under regulation 30 of the Additional Paternity Leave Regulations 2010).

Note 3: employee shareholders only have the right to request flexible working in the 14 days following their return from a period of parental leave (section 205A(8), ERA 1996).




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