Family Friendly Rights

Q What are the employee’s rights during absence on maternity leave and during adoption
leave?

A An employee’s contract of employment continues throughout the whole of maternity leave (and adoption leave). This means all terms and conditions of employment, including contractual benefits such as the use of a company car or mobile phone must be continued. However, remuneration including wages or salary and any monetary benefits, do not continue.

Q Do we have to grant time off to a male employee whose partner is pregnant (even if she does not work for us)?

A An employee who is the husband, partner or civil partner of a pregnant woman, or the father of the expected child, has the statutory right to take time off work to attend up to two antenatal appointments for a maximum of six and a half hours for each appointment. It is not, however, obligatory to pay the employee for such time off. They may also be eligible for shared parental leave if they meet the qualifying criteria. Link to Handbook

Q An employee is due to return from Maternity Leave soon and she has asked to work part time but this will be difficult. Do we have to agree?

A An employee has the legal right to return to her old job on the same, or similar, terms and conditions of employment, so if she was employed full time before her maternity leave, then her right is to return to a full time role. However, it could potentially be illegal not to consider such a request as it could be indirect sex discrimination on the grounds that more women than men have childcare (or other caring) responsibilities. The employee may also make a formal request for flexible working which, you must consider, and if it is refused, it must be on the grounds of one of the grounds specified in the legislation.