Maternity and Parental Rights 2012 Handbook

Practice area: Employment law
ISBN: 9780414029842
Published by IDS, August 2012

Available formats
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The IDS Maternity and Parental Rights Handbook provides you with vital information including:

  • 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
  • Remedies for refusal of time off

Health and safety protection

  • Scope of Regulations
  • Risk avoidance measures
  • Suspension on maternity grounds
  • Night-time work
  • Remedies

Maternity leave

  • General considerations
  • Entitlement to maternity leave
  • Commencement of ordinary maternity leave
  • Commencement of additional maternity leave
  • Duration of maternity leave
  • Compulsory maternity leave
  • Terms and conditions during maternity leave
  • ‘Reasonable contact’ during maternity leave
  • Work during maternity leave
  • 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
  • Stopping work
  • Disentitlement to statutory maternity pay
  • Rates of statutory maternity pay
  • Manner of payment
  • Liability for SMP
  • The maternity pay period
  • Statutory maternity pay examples

Adoption leave and pay

  • 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?
  • Ordinary paternity leave
  • Additional paternity leave
  • Terms and conditions during paternity leave
  • Right to return after paternity leave
  • Contractual and composite paternity rights
  • Detriment, unfair dismissal and discrimination
  • Ordinary statutory paternity pay
  • Payment of ordinary statutory paternity pay
  • Additional statutory paternity pay

Administering statutory payments

  • Statutory maternity pay
  • Statutory adoption pay and statutory paternity pay

Parental leave

  • Statutory framework and guidance
  • Proposals for law reform
  • Parental leave schemes
  • Key elements
  • Default scheme
  • Remedies

Time off for dependants

  • Right is unpaid
  • Filial leave
  • Who has the right?
  • Circumstances in which time off may be taken
  • When is a refusal reasonable?
  • Remedies

Flexible working

  • Statutory right to request flexible working
  • Employers’ duties in respect of requests
  • Right to be accompanied
  • Withdrawal of application
  • Alternative dispute resolution
  • Complaints to employment tribunals
  • Remedies
  • Detriment and unfair dismissal rights
  • Discrimination claims

Detriment and unfair dismissal

  • Right not to suffer detriment
  • Unfair dismissal
  • Automatically unfair dismissal
  • Dismissal during statutory leave