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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
If an employee whose probation period has been extended due to poor performance announces that she is pregnant will the employer be obliged to confirm her in the post? Where a job applicant is currently on maternity leave and would not wish to start the new role until the end of her maternity leave can the potential employer reject her application for this reason? Where a suitably qualified employee who is about to go on maternity leave wishes to apply for an internal vacancy must she be considered for the position even though she may not be able to start the new job for a year? What is the minimum provision for maternity leave? Where an employee is expecting twins, will she be entitled to two lots of maternity leave? Apart from the right to statutory maternity leave what other statutory rights do pregnant women and new mothers have? What rights do employees have in relation to time off work for antenatal care? Can an employer insist that a part-time employee arrange all her antenatal appointments for times when she is not working? How is "expected week of childbirth" defined? What notice of her intention to take maternity leave is an employee required to give? Does an employee who wishes to exercise her right to statutory maternity leave have to give her employer all the required information at the same time? What notice of the date that she wants her statutory maternity pay to begin does an employee have to give? Where an employee notifies her employer of her intended maternity leave start date how should the employer respond? What are the possible consequences where an employer fails to respond to an employee’s notification of her intended maternity leave? Can an employee change her mind about when she wants her maternity leave to start? Where an employee has given notice to vary her maternity leave start date, how should the employer respond? Where an employee wishes to start her maternity leave on her due date, can the employer insist that she start it earlier so that she has some time to relax beforehand? Where a pregnant employee's job involves heavy lifting and there is no lighter work available for her to do can the employer insist that she start her maternity leave early?
An employee’s maternity leave will be triggered if she is absent from work for a pregnancy-related reason in the four-week period before her expected week of childbirth. This includes absence due to a suspension on health and safety grounds. Her maternity leave will automatically commence on the day after her first day of absence in that four-week period. However, some employers may choose to waive the right to commence the employee’s maternity leave early, as allowing the maternity leave to commence on the date chosen by the employee may be simpler for administrative purposes.
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