Maternity and Parental Rights 2012 Handbook

This report contains detailed findings from our survey of maternity and paternity leave and pay, conducted in July and August 2013. The 107 respondents, together employing more than 120,000 people, provided in-depth information about how they manage maternity and paternity leave and the extent to which they improve on statutory pay provisions during such absences.
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