Your Guide to Maternity and Paternity Leave
June 29th, 2009 | 
Author: Welcome back!
Article from: www.myfamilyuk.com
It is important to know what you are entitled to as a new parent or parent to be, but the rules and regulations can be hard to remember. Here’s an introduction to the basics.
Statutory Maternity Leave
To qualify for the legal minimum requirement for maternity leave, you need to be an ‘employee’, as opposed to a worker or self-employed. If you are unsure of your employment status, find out at DirectGov.
How it works
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All employees are entitled to 52 weeks of maternity leave no matter how long they have been working for their employer
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This is divided into Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the last 26 weeks)
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During the additional period, you have fewer contractual rights
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You can take maternity leave from up to 11 weeks before the due date of your child
Statutory Maternity Pay (SMP)
Although it is any employee’s legal right to take maternity leave, you only qualify for SMP if you earn an average of more than £90 per week and have been employed by the same employer continuously for at least 26 weeks up to the 15th week before the due date.
How it works
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You need to tell your employer at least 28 days before you want to start claiming SMP
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You are entitled to 90% of your average weekly earnings for the first 6 weeks
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This drops to a flat rate of £117.18 (£123.06 from 5 April 2009) for the following 33 weeks making 39 weeks in total
Contractual Maternity Pay
Some companies offer enhanced maternity leave and maternity pay, but if you don’t return to work after your maternity period is over, you may be required to pay some money back.
Paternity Leave and Paternity Pay
If you are having a child or adopting a child with your partner you will be entitled to two weeks paternity leave provided you have been continuously employed by the same employer for 26 weeks by the 15th week before the baby is due. The entitlement also applies to partners in same-sex relationships.
How it works
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You need to inform your employer in or before the 15th week before the baby is due
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You can take your leave in one week blocks or as two consecutive weeks
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During your leave you are entitled to 90% of your average earnings or the flat rate of £117.18 (£123.06 from 5 April 2009)
Further information
Your entitlement to maternity leave and maternity leave pay varies according to your employment status. Use the Tiger Tool on Direct Gov to get a personalised statement about what you qualify for.
Other benefits
If you don’t qualify for SMP you may qualify for Maternity Allowance (MA) or other benefits. Contact your local JobcentrePlus for details.
Problems with your employer
If your employer refuses to give you leave and pay that you are entitled to, they are breaking the law. Clarify your rights by checking with your trade union official or your local Citizens Advice Bureau.
Further Information
For further information, and for more great ways to have fun with your family, log on to www.myfamilyuk.com. With a huge collection of articles covering everything from child safety to rainy day activities, you’ll find all the help, guidance and entertainment you need to be a great parent. Go now!
MyFamilyUK.com is a brand new website that is turning the online focus back onto families. We’re dedicated to supporting you and your family live the life you choose to the full, with games, tips, offers and articles on all aspects of parenting. If your family means the world to you, check out www.myfamilyuk.com. Article Source:http://www.articlesbase.com/pregnancy-articles/your-guide-to-maternity-and-paternity-leave-995916.html
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