Ashby Cohen Solicitors Ltd

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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 the rights of the mother with regard to her current employment status and treatment, and to ensure that she is treated fairly and that her pregnancy and motherhood does not affect her 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. These are the basic statutory maternity leave rights, but they may extended by specific contractual agreements between employer and employee.

Maternity leave rights also confer the right to return to work after the period of maternity leave is over. In the eyes of the law, an employee’s period of continual employment is not broken by maternity leave, and maternity leave rights ensure that she is able to return to work as before after the maternity period hasfinished.

Maternity Leave Law

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:

  • Length of service for the employee.
  • Nature of employment (whether full- or part-time).
  • Redundancy.

In addition, some employers may not fulfil the obligations proscribed to them in maternity leave law and fail to respect the maternity leave rights of their employees. With our many years of experience exclusively in the field of employment law, Ashby Cohen solicitors should be the first people you turn to if you feel your maternity leave rights are not being upheld by your employers.

If you require further advice on any issue pertaining to your maternity leave rights, call Ashby Cohen on 020 7408 1338 or visit our contact page for a free initial consultation.

Other elements of employment law that may interest you if you need further information on maternity leave rights include sex discrimination and unfair dismissal.