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IDS Maternity & Parental Rights 2015

IDS Maternity & Parental Rights 2015
IDS Employment Law Handbook
Practice Area:  Employment Law
ISBN:  9780414049857
Published by:  Sweet & Maxwell
Publication Date:  10 Apr 2015
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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Since 1975 Employment Protection Act, then the number of family-friendly employment law rights has grown enormously.

Most recently, a new right to additional paternity leave was introduced in April 2010, and that is by no means the end of initiatives in this field. Further provisions include introducing shared flexible parental leave, and extending the scope of the Pregnant Workers Directive which are currently being considered by the European Commission.

The Maternity and Parental Rights Handbook is an authoritative and indispensable guide to this wide-ranging and fast-moving area of employment law.

This authoritative handbook:

  • Explains maternity leave and returning to work
  • Covers time off for ante-natal care
  • Deals with statutory maternity pay
  • Sets out details of adoption leave and pay
  • Explains flexible working rights
  • Addresses unfair dismissal and discrimination
  • Examines both paternity and parental leave and pay
  • Covers the rights and circumstances of time off for dependants
  • Clarifies the rights around replacing employees


Time off for ante-natal care
Right to time off for ante-natal care
Right to payment for time off for ante-natal care
Right to time off to accompany pregnant woman

Health and safety protection
Scope of Regulations
Risk assessments
Risk avoidance measures
Suspension on maternity grounds
Night-time work

Maternity leave
General considerations
Entitlement to maternity leave
Commencement of ordinary maternity leave
Commencement of additional maternity leave 86
Duration of maternity leave
Compulsory maternity leave 91
Terms and conditions during maternity leave
‘Reasonable contact’ during maternity leave 111
Work during maternity leave 113
Contractual and composite maternity rights

Returning to work after maternity leave
Returning after ordinary maternity leave
Returning after additional maternity leave
Date of return to work
Returning on different terms
Failure to allow employee to return
Combining different types of leave
Redundancy during maternity leave

Statutory maternity pay
Qualifying for statutory maternity pay
Continuous employment
Normal weekly earnings
Notice of absence or childbirth
Medical evidence 193
Stopping work 195
Disentitlement to statutory maternity pay
Rates of statutory maternity pay
Manner of payment
Liability for SMP
The maternity pay period
Statutory maternity pay examples
Maternity Allowance

Adoption leave and pay
Time off for adoption appointments
Ordinary adoption leave
Additional adoption leave
Terms and conditions during adoption leave
Keeping in touch during adoption leave
Disrupted placement during adoption leave
Returning to work after adoption leave
Contractual and composite adoption rights
Detriment and unfair dismissal rights
Redundancy and adoption leave
Statutory adoption pay

Paternity leave and pay
Who has the right?
Entitlement to paternity leave (birth)
Entitlement to paternity leave (adoption)
Entitlement to paternity leave (surrogacy)
Commencement and duration of paternity leave
Notice and evidential requirements for paternity leave
Employment protection during and after paternity leave
Statutory paternity pay

Shared parental leave and pay
Background and overview
Who has the right?
Shared parental leave (birth)
Shared parental leave (adoption)
Shared parental leave (surrogacy)
Curtailing maternity or adoption leave
Notice and evidential requirements for SPL
Amount of shared parental leave
Planning and booking periods of leave
Employment protection during and after SPL
Statutory shared parental pay

Administering statutory payments
Statutory maternity pay
Statutory adoption pay and statutory paternity pay
Statutory shared parental pay

Unpaid parental leave
Statutory framework and guidance
Unpaid parental leave schemes
Key elements
Default scheme

Time off for dependants
Right is unpaid
Who has the right?
Circumstances in which time off may be taken
Notice requirements
When is a refusal reasonable?
Discrimination by association – disability and age

Detriment and unfair dismissal
Right not to suffer detriment
Unfair dismissal
Automatically unfair dismissal
‘Ordinary’ unfair dismissal

Discrimination and equal pay
Preliminary matters
Direct discrimination
Indirect sex discrimination
Marital and civil partnership discrimination
Discrimination against men
Discrimination by association
Discrimination by perception
Discrimination against part-time workers
Equal pay

Replacement employees
Less favourable treatment
Dismissal of replacement
Retention of replacement


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