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You are currently viewing: Frequently Asked Questions > Topics

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.


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Click to show the answer 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?

Click to show the answer 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?

Click to show the answer 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?

Click to show the answer What is the minimum provision for maternity leave?

Click to show the answer Where an employee is expecting twins, will she be entitled to two lots of maternity leave?

Click to show the answer Apart from the right to statutory maternity leave what other statutory rights do pregnant women and new mothers have?

Click to show the answer Can an employer insist that a part-time employee arrange all her antenatal appointments for times when she is not working?

Click to show the answer How is 'expected week of childbirth' defined?

Click to show the answer What notice of her intention to take maternity leave is an employee required to give?

Click to show the answer 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?

Click to show the answer 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?

Click to show the answer Where an employee plans to start her maternity leave on the day that her baby is due can she postpone her start date if the baby does not arrive on time?

Click to show the answer Where an employee has been absent on maternity leave must she return to work for a particular period of time before qualifying for another period of maternity leave?

Click to show the answer Where an employee takes annual leave prior to her maternity leave, but gives birth early, will her maternity leave still start after the period of annual leave?

Click to show the answer Can an employee take a period of paid holiday in between her ordinary maternity leave and additional maternity leave?

Click to show the answer How does an employer determine an employee's right to statutory maternity pay?

Click to show the answer Where a pregnant employee has two jobs will she be entitled to statutory maternity pay from each employer?


Click to hide the answerWhat is included in a woman's 'normal weekly earnings' for the purposes of calculating statutory maternity pay?

A woman's 'normal weekly earnings' for the purposes of calculating statutory maternity pay are her earnings during the eight-week period prior to her qualifying week. Earnings for these purposes include any remuneration on which the employer is liable to pay Class 1 national insurance contributions. They therefore include bonus payments, overtime and commission. Should, for example, a woman receive an annual bonus in this eight-week period, her statutory maternity pay will be substantially higher than it would otherwise have been.

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Click to show the answer If a part-time employee temporarily increases her hours for a period prior to her maternity leave, on what basis should her maternity pay be calculated?

Click to show the answer Can an employee who has not been employed by her employer for 26 weeks by the qualifying week claim any financial assistance throughout her maternity leave?

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