working while on maternity leave employment issues

7. Checking holiday entitlement; Absence from work; Time off for bereavement; Checking sick pay; Maternity, paternity and adoption; Parental leave; Coronavirus (COVID-19) Health and wellbeing. However, the employer is still required to pay their Statutory Maternity Pay (SMP) until the end of the SMP period. Whether you want to receive employee news bulletins. If you work while receiving maternity or parental benefits and have served your waiting period, you will be able to keep 50 cents of your EI benefits for every dollar you earn, up to 90% of the weekly insurable earnings used to calculate your EI benefit amount. First, if the work is done while you are on maternity leave but BEFORE your baby is born, it won’t affect your SMP. If you haven't been working, you can't claim it. Your holiday entitlement builds up while you’re on maternity leave in the same way it would if you’d been at work. Doing 1 hour of work uses up one of your days as much as doing 10 hours. The issue perhaps most likely to cause a dispute between an employer and an employee … Parents can take the leave separately or together. Maternity Action is experiencing exceptional demand for our advice line at present so we have put together some frequently asked questions on rights at work and benefits during pregnancy and maternity leave during the Covid-19 pandemic. It depends. Other information that you would like to receive. Citizens Advice has recorded a nearly 60% rise in the number of women seeking advice about maternity leave issues this year. An employee who is made redundant while on maternity leave has special rights relating to being offered suitable alternative work. This feedback form is for issues with the nidirect website only. UK law also provides that an employee who is dismissed while pregnant or on maternity leave is entitled to a written statement of reasons for the dismissal, irrespective of length of service and without having to make a request. If you do any new employed work during maternity leave you will lose your SMP from the week you start. should therefore approach each situation in which an employee is working while on leave with caution and should limit the amount of time and type of work an employee is asked or allowed to perform while on leave. Katrina says: 14th January 2019 . You are allowed to work and be paid for a total of 10 Keeping In Touch days during your leave, and doing this marking should count as it is keeping you part of the world of education. If the suspension runs into the 4 weeks before you’re due to give birth, your maternity pay and leave will start automatically the day after your first day off. Read their frequently asked questions on rights at work and benefits during pregnancy and maternity leave during the Covid-19 pandemic. However, you may need to discuss this before your maternity leave if you’re changing trusts/employer. You’ll get different rights while you’re away from work on maternity leave. This includes a vacancy with an associated employer or with a successor to the original employer. But if you still have some maternity (or adoption or shared parental) leave left at the end of the furlough leave, you could go back on Shared Parental Leave (SPL) if you are eligible. Employment rights when on leave. Maternity Allowance is paid depending on your National Insurance contributions paid through either employment or self employment. Be open minded and flexible with how the employee's work is carried out. Employment issues » On maternity leave, ... Secondly, I wish to talk with you concerning the Companies investigation into your working practises prior to maternity leave. These FAQs are also available in: These are the legal minimums though. Mishandling requests for flexible working on return from maternity leave. So, while there may be a short term financial benefit for an employee who is only entitled to SMP in taking only 6 weeks’ maternity leave (so they can benefit from the higher rate of SMP payable in the first 6 weeks) and then being on furlough leave, the Coronavirus Job Retention Scheme is currently only due to run for three months. I understand that if I work for 2 companies and 1 doesn’t pay SMP that I can work for the second company without loosing SMP. An employee can come to work for up to 20 days during their SPL to keep in touch with the workplace without affecting their right to SPL or SSPP. Consider a request to return part time from maternity leave. Unfortunately, when receiving maternity pay you are not entitled to ‘remuneration’ (normal salary) during maternity leave as you can only get maternity pay during this period. Working for another employer will stop your SMP/SAP/ShPP not only for the weeks you work for the new employer but also for the remainder of your maternity/adoption/shared parental leave – but there are two exceptions. 12 Issues HR Must Consider When Dealing With Family Leave ... Make sure managers work with employees well in advance of the family leave to coordinate work while the employee is gone. Pregnancy and maternity: related tasks. This is a fast-changing situation and we will add and update information as and when new information becomes available. While on maternity leave you’ll continue to accrue annual leave. Taking part in any training. You can use it to report a problem or suggest an improvement to a webpage. If your post becomes redundant while you are on maternity leave, you must be offered a suitable alternative vacancy, which you do not have to interview for and your employer must consult with you about the possible redundancy. Your employer cannot force or demand that you work at any point during your maternity leave and KiT days must be by agreement between you and the employer, which should be reached in advance of you doing the work. If you are on probation, probation is suspended for the duration of your maternity leave and will resume when you return. Manage pregnant employees and those on maternity leave in a redundancy situation . If you cut your maternity, adoption, or shared parental leave short to go on furlough, you may therefore have to return to work earlier than planned. Maternity pay and maternity leave . When your annual appraisal should take place, if it is due during your maternity leave. If you’re breastfeeding or have given birth less than 26 weeks ago you have the same health and safety protection as when you were pregnant at work. Working during maternity leave It is very important to check your contract and maternity policy before considering working for another employer during your maternity leave. Your employer can make redundancies while you are on maternity leave, but you cannot be made redundant because you are on maternity leave. When applying for work you must not be rejected because you: are on maternity leave or; have just taken maternity leave or; are about to go on maternity leave, eg for a second time. While it's particularly important to get this right during the maternity leave period, it's also important to make time to talk during pregnancy and the return to work too. You can, however, do self employed work without affecting SMP. With unpaid parental leave, your employer is allowed to insist that you give 21 days’ notice of your intention to take this leave. Maternity rights. During maternity leave. To access either of these rights, you have to be an employee (to have a ‘contract of employment’) and have to have worked for your current employer for at least 12 months. Get all of the details covered, clear down to having their emails forwarded to a coworker (if necessary). However that is 10 discrete days on which any work at all is done. Unlike with the FLSA issues discussed in Part 1, paid leave does not prevent interference. Your employment rights are protected while on Statutory Maternity Leave. If you're receiving payments under the Parental Leave Pay scheme, one of the requirements is that you be on leave or not working. Keeping In Touch days and your pay for such days. If a redundancy situation arises at any stage during an employee’s maternity leave and you may not be able to continue to employ her under her existing contract of employment then you must offer her (before that contract ends) any suitable alternative vacancies, where one is available. Therefore, you're not obliged to take a KIT day, nor is your employer obliged to offer, request or agree to you working a KIT day. Employment contracts; Job applications and hiring; Pay and wages; Working hours; Redundancy ; Informing and consulting employees; Holiday, sickness and leave. If you’re an employee you can take maternity leave, which gives you up to a year off work when you’re having a baby - check if you can get maternity leave. You may want to be kept up to date with developments at work and can do this via ‘keeping in touch’ days. If you work through an agency If the job you’re doing is not suitable for health and safety reasons while you’re pregnant, your agency should find you another job or give you paid time off for the length of the original assignment. 1 hour of work uses up one of your maternity leave if you were still there which required! 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