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Parental Rights

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Personal Employment for Individuals Parental Rights

Over the past three decades, the rights that employees are entitled to with family and care commitments have continued to expand.

We fully understand that family and care commitments are of the utmost importance and our expert employment solicitors are here to help should any such issues arise within your place of work.

Family-friendly rights include:

  • Adoption rights
  • Flexible working
  • Maternity rights
  • Parental leave
  • Paternity leave
  • Time off for dependants

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Pregnancy and childbirth and caring for your children should be a happy experience. Unfortunately, it can often be made stressful by encountering problems in the workplace. It may be that as an employee you feel side-lined as soon as you announce your pregnancy to your employer or your requests for flexible working are turned down without proper explanation or reason.

Legally, your employer is not allowed to subject you to any detriment on the grounds of pregnancy, childbirth or because you have taken maternity leave.

You may find that your employer is refusing to allow you time off to attend antenatal appointments, that you have been selected for redundancy during your maternity leave or that you have been discriminated against on the grounds of your sex.

Pregnant employees are entitled to 52 weeks maternity leave. This is made up of 26 weeks of ordinary maternity leave (OML) and 26 weeks of additional maternity leave (AML).

During OML, an employee is entitled to receive all of their normal contractual and related benefits, with the exception of wages or salary. On return from OML, an employee is entitled to their old job back on the same terms and conditions. Where an employee is entitled to return to their old job after AML or, if that is not reasonably practicable, to another job which is suitable and appropriate in the circumstances.
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[tela_accordion title=”Time off for dependants”]
Employees have the right to take time off for ‘urgent family reasons’. The right allows an employee to take a reasonable amount of time off work in order to take action which is necessary:

  • To provide assistance when a dependant falls ill, gives birth or is injured.
  • To make arrangements for the provision of care for a dependant who is ill or injured.
  • In consequence of the death of a dependant.
  • Because of the unexpected disruption or termination of care for the dependant.
  • To deal with an incident involving a child of the employee occurring unexpectedly at an educational establishment which the child attends.

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[tela_accordion title=”Parental Leave”]
If you have taken any amount of parental leave you also have rights in respect to your return to the workplace, and should you suffer a detriment or face dismissal connected to your parental leave this may result in you having a claim for automatically unfair dismissal.
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Please do not hesitate to contact us by telephone to speak with a solicitor from our employment team, without obligation, or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.

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Upminster

54 Station Road
Upminster

Essex RM14 2TU

DX: 35555 Upminster

T: 01708 229 444

F: 01708 202 132

E:

Brentwood

30 High Street

Brentwood

Essex CM14 4AJ

DX: 5003 Brentwood

T: 01277 211 755

F: 01708 202 132

E:

Hornchurch

40 North Street

Hornchurch

Essex RM11 1EW

DX: 51004 Hornchurch

T: 01708 511 000

F: 01708 202 132

E:

Chelmsford

28 Baddow Road

Chelmsford

Essex CM2 0DG

DX: 35555 Upminster

T: 01245 206 684

E:

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