Could Your Lawyer Take A Maternity Break Without Informing You?

Pregnancy discrimination is a form of sex discrimination that can lead to wrongful termination in the workplace. Federal and state laws prohibit wrongful termination, and if an employer fires an employee shortly after returning from maternity leave, they have the right to seek justice. To prepare for maternity leave or parental leave, it is essential to know the benefits available to you, both through your employer and independently. Worker-side employment attorneys can help maximize maternity leaves, while organizations or nonprofit groups can provide valuable information.

While no federal law requires employers to provide paid maternity leave, most must comply with the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). At-will employees can quit at any time, including during or immediately after maternity leave. To prepare for maternity leave, research the laws in your state and company regarding time off and ensure that you are prepared to explain why more time is needed for you.

In California, there are several laws that protect women on maternity leave, so it is important to be aware of these laws. When negotiating additional leave, be confident and ask for appropriate communications with your attorney about your case. Hiring a temporary attorney can help maintain your work flow while one of your team is on temporary leave. Pregnant employees are entitled to 6 weeks pregnancy leave before the due date and at least 10 weeks maternity leave after childbirth.

In most cases, attorneys who leave a law firm environment for any reason will find a cold reception when attempting to return. Solo and small-firm attorneys may face difficulties in taking paid leave due to lack of financial resources or systems to support extended leave.

When to inform employer of pregnancy?

In order to qualify for remuneration during maternity leave, an employee is obliged to notify their employer of their pregnancy no later than the 15th week prior to the expected date of childbirth. This entails disclosing pertinent information regarding the pregnancy, including the estimated date of delivery and the intended commencement of maternity leave. It is advisable to transmit this information via email or letter, as your employer may require written documentation.

Can you end maternity leave early?

In order to return to work at an earlier point in time, it is necessary to provide your employer with a minimum of eight weeks’ notice. Should you fail to do so, your employer may insist on waiting until the aforementioned eight weeks have elapsed. In the event that an employee elects to terminate their employment, they are obliged to provide their employer with the requisite notice period. Should one wish to modify the return date, it is also necessary to provide the requisite notice to the employer.

What are the requirements for maternity notification?

The maternity benefit is offered to female SSS members who have paid at least three monthly contributions within the 12-month period preceding their childbirth or miscarriage. They must also notify SSS through their employer or submit the notification directly if separated from employment. The benefit is only paid for the first four deliveries or miscarriages starting May 24, 1997, when the Social Security Act of 1997 (RA 8282) took effect. A proof of pregnancy (ultrasound report) is also required.

Can you go on the sick straight after maternity leave?

If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.

If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.

If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.

If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.

If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.

Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.

If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.

You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.

If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.

You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.

The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.

If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.

You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.

If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.

Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.

You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.

Can you earn money while on maternity leave?

Legally, you can earn income through self-employment while receiving Statutory Maternity Pay from an employer, but you must check if your workplace employment contract permits this. Sophie Baldwin, a 32-year-old freelance social media manager and digital marketing consultant, continued to work while on maternity leave, feeding her newborn, changing nappies, and entertaining a crying baby on calls.

What happens if I don’t return to work after maternity leave?

When considering maternity pay, it’s important to check if you need to pay back any maternity pay. If you receive contractual maternity pay, you may only keep your full amount if you return to work. Statutory maternity pay or Maternity Allowance won’t be required even if you don’t return to work. Check your contract or employee handbook to determine the required time to keep your full contractual maternity pay. Additionally, you can take holiday to reduce the time you need to work, as many holiday days may have built up during maternity leave.

How many months pregnant can you start maternity leave?

The Act, originally allowing a 12-week maternity leave, was amended in 2017 to allow 26-week leave for all women. This leave can be taken 8 weeks before delivery and 18 weeks after delivery. For women with two children, the leave is only 12 weeks for the third and subsequent children. The amendment also grants 12 weeks of leave to women who legally adopt a child under three months of age and a commissioning mother, who uses her egg to create an embryo. This 12-week leave starts from the day the child is given to the commissioning or adoptive mother.

Can you give notice while on leave?

An employee may resign from their position either during or prior to the commencement of a leave of absence, and is obliged to provide their employer with the requisite notice. It is advisable to consult the relevant award, enterprise agreement, or contract in order to ascertain the applicable guidelines. The notice period may coincide with either paid or unpaid leave, and the employment relationship is terminated at the conclusion of the notice period.

Can you hand in your notice while on maternity leave?

It is not uncommon for an employee to resign during maternity leave, provided that they have fulfilled the terms of their contract or reached an agreement with their employer. It is not mandatory to work during the notice period; one may choose to continue on maternity leave instead.

What do you get free when pregnant?

It is the right of all individuals to receive free prescriptions and dental care from the National Health Service (NHS) during pregnancy and for a period of 12 months following the birth of a child. Additionally, the child is eligible to receive complimentary prescriptions and dental care until reaching the age of 16. For further assistance, please refer to the NHS website or contact your local health department. Furthermore, the coverage extends to check-ups and treatment for both parents and children.

When can you go on maternity leave?

Maternity leave can be started any day from 11 weeks before the due date, with the start earlier if the baby comes early or if you work more hours than your employer. You have the right to take up to a year of leave, regardless of your employer’s tenure, pay, or work hours. Maternity leave is separate from maternity pay, with different rules for eligibility. You can check your entitlements and share your leave with your partner.