Allowing time off work

There are a number of reasons why staff may need time off work and it can be difficult to remember what is at the employer’s discretion and what is required by law. It is always good practice to have clear policies on this issue and to treat all staff fairly. Such matters can be dealt with in contracts of employment or an employee handbook. Below we consider some of the most frequently asked questions relating to annual, maternity and paternity leave.

How much annual leave is required by law?

The law requires employers to give all full time employees paid annual leave of at least 20 working days. An equivalent pro rata time off must be given for part-time employees. Annual leave can include bank and public holidays.

Who is entitled to paid maternity leave?

All pregnant employees are entitled to paid Ordinary Maternity Leave (OML) of 26 weeks. During the first six weeks of OML employees must be paid at least 90% of their average earnings. Thereafter Statutory Maternity Pay (SMP) applies, currently £108.85 per week or 90% of weekly earnings if lower.

Pregnant employees who have completed at least 26 weeks service at the 15th week before the baby is due are entitled to take OML and Additional Maternity Leave (AML). AML is currently an additional 26 weeks and is unpaid.
Expectant mothers are also entitled to paid time off for ante-natal and parent-craft classes before their maternity leave.

Who is entitled to paternity leave and how much time off must be given?

Paternity leave is available to a person with parenting responsibility for bringing up a child, who may be the biological father, or married to, or the partner of, the mother.

To be eligible to take paternity leave employees need to have completed at least 26 weeks service at the 15th week before the baby is due.

Eligible employees are entitled to take two weeks paternity leave within eight weeks of the child’s birth. Paternity leave must be taken in a single block of either one week or two consecutive weeks and is generally paid at the same rate as SMP.

Similar rules also apply to the adoption of children.

The entitlements noted above represent the minimum required by law. Additional time off and enhanced pay can of course be made at the employer’s discretion.

The government is currently proposing to extend employee’s rights in a number of these areas. We will keep you informed of the changes as they happen.