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Autumn 2011 - Mandy Mazliah

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Your rights<br />

taken for up to 26 weeks, provided<br />

that the mother has returned to work<br />

during the 39 week SML period.<br />

Additional SPL is available in respect<br />

of any period of unexpired SML and<br />

may be taken between 20 weeks and<br />

one year after the birth.<br />

SPL may be taken where the baby<br />

is stillborn after at least 24 weeks’<br />

pregnancy or at any time if born alive<br />

at any stage of the pregnancy.<br />

Statutory Paternity Pay (SPP)<br />

This is financed by the employer and<br />

is a taxable benefit. SPP is payable for<br />

one week or two consecutive weeks<br />

in the period from the child’s birth until<br />

the eighth week after birth. Qualifying<br />

conditions apply, such as having 26<br />

weeks’ continuous service before<br />

week 25 of the pregnancy, continuing<br />

to be employed up to the date of<br />

birth and the same minimum income<br />

requirements as for SMP. You need<br />

not be the biological father, but you<br />

must expect to have responsibility for<br />

the child’s upbringing.<br />

SPP is equal to the lesser of 90%<br />

of average earnings or £128.73 per<br />

week.<br />

Returning to work<br />

You have the right to return to the<br />

same job after paternity leave on<br />

the same terms and conditions of<br />

employment as if you had not been<br />

absent; in case of redundancy, you<br />

must be treated on the same terms as<br />

other employees.<br />

Child(ren) aged over 1 year<br />

Flexible working hours<br />

If you have at least 26 weeks’<br />

continuous service and care for a child<br />

aged under 17 then you have the right<br />

to request flexible working hours; the<br />

request may only be rejected in case<br />

of a good business reason.<br />

Parental leave (PL)<br />

This may be available in respect<br />

of a child aged under five (18 if<br />

the child is disabled) if you have at<br />

least one years’ service, (other legal<br />

qualifications apply). PL is a maximum<br />

of 13 weeks per parent per child<br />

and can be taken up to each child’s<br />

fifth birthday, subject to a maximum<br />

of four weeks per year (unless the<br />

employer agrees otherwise). PL is<br />

unpaid, however, employers may<br />

chose to offer benefits in excess of the<br />

mandatory minimum.<br />

You have the right to return to the<br />

same job after parental leave on<br />

the same terms and conditions of<br />

employment as if you had not been<br />

absent; in case of redundancy, you<br />

must be treated on the same terms as<br />

other employees.<br />

Adoption<br />

Many of the benefits that are available<br />

to biological parents are also available<br />

to adoptive parents, albeit with<br />

slight variations to account for the<br />

differences in the relationships (eg<br />

placement date instead of birth date).<br />

Armed with the above knowledge, I<br />

do hope this improves your view and<br />

helps prepare you for your journey into<br />

this new world of Parenthood. Good<br />

luck.<br />

Newsletter Winter 21

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