(Solution) CIPD AC 4.3: Main principles of maternity, paternity, and adoption rights in the context of employment rights

Solution

Statutory maternity, paternity and adoption rights in the UK apply before and after birth and adoption. Paternity and Adoption Leave Regulations 2002, Employment Rights Act 1996, and EmploymentProtection Act 1975 are related to statutory maternity, paternity and adoption rights.

Statutory right of 52 weeks maternity leave– In the UK, employees are eligible to take maternity leave if they have worked for at least 26 weeks. Based on the UK maternity pay and leave policy, the SMP is paid for 39 weeks to all employees, whereas the pay is equivalent to 90% of average earnings for the first 6 weeks before the tax. On the other hand, 156.66 British Pounds, equivalent to 90% of average weekly earnings for the last 33 weeks (Gov.uk, 2023).According to Employment Rights Act 1996, all pregnant employees are entitled to 12 months of maternity leave in the UK, which is relevant to 52 weeks of maternity leave (Legislation.gov.uk, 1996).

Statutory right for paternity leave and pay-Statutory Paternity Pay is applied with £156.66 per week of payment, or 90% of their average pay. Employee’s paternity leave and pay are calculated with maternity and paternity calculator. According to the Children and Families Act 2014 (UK), employees who worked for 26 weeks straight have the right to statutory paternity leave and pay during the paternity leave period (Legislation.gov.uk, 2014)

As evidenced in the UK legislations, the employees have the freedom of selecting to either take 1 week or 2 consecutive weeks leave. The time is the same irrespective of whether they have more than one child such as twins. The start date of the leave can either be during the actual date of birth of the child, agreed number of days after the birth, and agreed number of days after the expected week of childbirth. For the eligible employees, their statutory paternity pay is approximately £156.66 weekly or 90% of average weekly earnings (whichever is lower). Taxation and National Insurance Cover is supposed to be deducted.

Statutory right to return work– Employees in the UK who have been away 26 weeks or less are eligible to return to work. According to the Employment Protection Act 1975, full-time workers have the right to return to the same job after maternity and paternity leave (Legislation.gov.uk, 1975). Employers in True Health should includeterms and conditions related to this act and follow this to avoid legal complications.

“Adoption or shared parental leave & Pay”

On the contrary, shared parental leave is considered a term which enables employees to end or abolish their maternity leave or pay within the first year of the newborn (Maternityaction.org.uk, 2023). This enables one parent to work a full-time job and another to acquire maternal leave and payables.

“Right to Parental Bereavement Leave and Pay.”

Apart from other beneficiaries and allowances, it has been found that parental bereavement leave & pay are also considered among other rightful policies which are affiliated with the death of a newborn or if the child passed away within 18 to 24 weeks of pregnancy(Nidirect.gov.uk, 2023).

“Neonatal Leave and Pay”

Following an article by Arnautovic and Dammann (2022), Sturrart C Mcdonald introduced a bill to offer additional leave and pay employees accountable for childcare and receiving neonatal care services.

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