Pregnancy, Maternity & Paternity Leave Rights

Are you looking for a specialist employment lawyer to help you understand your pregnancy, maternity and paternity leave rights at work? 

Have you encountered problems or disputes with your employer related to maternity and paternity law? 

If so, the expert lawyers at Percy Hughes & Roberts are here to advise you on your rights and resolve your issues at work.

We are based in Birkenhead and assist our valued clients across the North West, including the Wirral, Liverpool, Merseyside and Cheshire.  

To speak to our team of maternity and paternity law specialists, get in touch with us today. Call us on 0151 666 9090, or fill out an online enquiry form to arrange for us to get in touch.

How can our maternity and paternity rights solicitors help you?

At Percy Hughes & Roberts, we are dedicated to providing the highest standard of service, as we have done for over 100 years. We have a wealth of experience in both maternity leave law and paternity leave law.

Our goal is to ensure your maternity and paternity rights are protected, and that you are treated no differently at work as a result of your pregnancy. 

Unfortunately, discrimination and negligence on the part of employers can sometimes occur, leading to unfair dismissal cases and serious disputes where legal intervention is required. 

Regardless of your situation, if you feel you need maternity legal advice to help you overcome your challenges at work, we can help. 

Why choose Percy Hughes & Roberts Solicitors? 

You are in safe hands with Percy Hughes & Roberts. We are committed to delivering the highest standard of service and have been providing legal advice around maternity law and paternity law for more than a century. 

We hold a number of industry accreditations, including Lexcel, the Law Society's quality standard. This means we are recognised for providing top-tier legal services to our clients.

FAQs

What are my maternity leave rights and entitlement? 

Our lawyers can advise you on your entitlement to leave after you or your partner has given birth. 

Statutory leave includes 26 weeks of ordinary maternity leave and 26 weeks of additional leave, and you are entitled to it regardless of how long you have been employed at your company, how many hours you work or how much you are paid.

The only conditions you must fulfil are that you are an employee and you give your employer the proper notice that you wish to take maternity leave.

What is my maternity pay entitlement? 

Statutory maternity pay (SMP) is provided for up to 39 weeks. You will receive:

• 90% of your average weekly earnings (before tax) for the first 6 weeks
• £151.20 (increasing to £151.97 as at 4 April 2021) or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks

To qualify for SMP you must:

• earn on average at least the lower earnings limit
• give the correct notice
• give proof you’re pregnant
• have worked for your employer continuously for at least 26 weeks continuing into the ‘qualifying week’ - the 15th week before the expected week of childbirth

How much notice do I need to give for maternity leave?

You need to notify your employer at least 15 weeks before your due date, and employers often ask for this in writing. Your employer is required to then reply in writing within 28 days confirming your maternity leave start and end dates. However, the 15 week notice requirement is subject to some exemptions. 

What are my paternity leave rights and entitlement? 

Paternity leave entitles you to either one or two weeks of leave, which must be taken in one go. However, you may also be eligible for Shared Parental Leave. 

To qualify for paternity leave, you must be taking time off to look after the child and be one of the following: 

• the father
• the husband or partner of the mother (or adopter) - this includes same-sex partners
• the child’s adopter
• the intended parent (if you’re having a baby through a surrogacy arrangement)

You must also:

• be an employee
• give the correct notice
• have been continuously employed by your employer for at least 26 weeks up to any day in the ‘qualifying week’, which is the 15th week before the baby is due

As with maternity leave, you will receive £151.20 per week (increasing to £151.97 as at 4 April 2021) as per the statutory paternity pay entitlement, or 90% of your average weekly earnings (whichever is lower).

How much notice do I need to give for paternity leave?

As with maternity leave, you will need to give your employer at least 15 weeks’ notice before the baby’s due date and confirm when you want your paternity leave to start, as well as how long you want your leave to last. There is exemption to the 15 week notice requirement, if it was not reasonably practicable for you to comply with it, in that case the notice must be provided to your employer as soon as it is reasonably practicable for you to do so.

What are common forms of maternity and pregnancy discrimination?

Common examples of discrimination against pregnant women includes: 

• Treating a pregnant employee differently to any other employee 
• Dismissing a woman from employment before she is due to return to work or has already returned
• subjecting to a woman to detriment due to a pregnancy-related illness
• Making a pregnant woman redundant for any reasons related to her pregnancy or maternity leave