What are your rights as a parent?
Parental Rights
- What are my rights at work while pregnant?
- Can I take Maternity leave?
- Can I take Paternity leave?
- Can I take Parental leave?
- Can I request flexible hours?
- How do I request flexible hours?
Parental Rights
What are my rights at work while pregnant?
Employment law for maternity leave can be complicated. This will broadly set out your rights, but members should check with their union officials before acting.
An employer may not ‘unreasonably refuse’ pregnant employees paid time off for antenatal care. This includes antenatal appointments, relaxation and parent-craft classes as well as travelling time.
If the employer does ‘unreasonably refuse’ an employment tribunal may award compensation, but only to the value of the time off.
If the employee attends antenatal appointments without permission and is sacked, it is possible to claim unfair dismissal, but there is no guarantee of being re-hired.
Can I take maternity leave?
All pregnant employees are entitled to 26 weeks of ordinary maternity leave (OML). Provided proper notice is given, all pregnant employees are entitled to OML. Proper notice consists of informing the employer by the end of the 15th week before the baby is due:
i) that you are pregnant,
ii) the week in which the baby is expected,
iii) the date that you intend to start your OML.
The earliest that this leave can be accessed is 11 weeks prior to the baby’s due date.
If you have worked for your employer continuously for 26 weeks or more prior to the end of the 15th week before the baby is due, you are entitled to 26 weeks Additional Maternity Leave (AML). This additional maternity leave can be taken consecutively after the OML, for a total of 52 weeks.
After birth, all mothers are required to take 2 weeks compulsory maternity leave, (four weeks if employed in a factory). This is to ensure the health of mother and child.
Can I take Paternity Leave?
Where your partner is giving birth, you are entitled to paternity leave if you have worked for 26 weeks or more consecutively for your employer at the end of the 15th week prior to the baby’s due date.
In such case you are entitled to either one or two weeks paternity leave.
Where your partner is adopting, you are entitled to paternity leave where you have worked for your employer for 26 or more consecutive weeks in the week after the week that you were informed that you had been matched with a child for adoption.
In such case you are entitled to either one or two weeks paternity leave.
Can I take parental leave?
If you have worked for your employer for at least a year, you are entitled to 13 weeks unpaid parental leave.
This entitlement is until;
i) the child reaches the age of five
ii) the fifth anniversary after adoption or the child’s 18th birthday whichever comes first,
iii) if the child has a disability and qualifies for the Disability Living Allowance (DLA), you are entitled to up to 18 weeks leave before the child 18th birthday
Can I request flexible hours?
The legislation surrounding flexible hours is complicated and you should speak to a union representative directly.
However, you do have the right to have a request considered if;
i) you have worked for your employer for 26 or more weeks consecutively,
ii) you are not an agency worker,
iii) you have a child under 6 or a disabled child under 18 and;
a. you are the primary carer,
b. are applying for flexibility in order to become the primary carer,
c. are the parent of the child, or are the partner of the parent
How do I request flexible hours?
Any request for flexible hours should be made in writing, confirming the relationship to the child, detail proposed changes to your work pattern and potential impact upon the employer, include references to any previous proposals and be dated. All requests must be made at least 14 days prior to the child’s 6th birthday or 18th birthday in the case of a disabled child.
It is important to note that unless otherwise agreed, any changes become permanent and there is no automatic return to original work practices if there is a change of situation.