Employment Law

Frequently Asked Questions

• Am I entitled to time off to deal with an emergency involving a dependant?

  Employees are entitled to a reasonable amount of time off to deal with unexpected serious issues involving dependants, which will depend on the situation. There are no limits on how many times you can take such time off.

• Am I entitled to pay during these periods?

  An employer is not obliged to pay you, but they may. The contract of employment, company handbook or intranet site will likely contain the relevant information.

• Are there any exceptions to the rule?

  If an employee knew about a situation before it arises, they will not be entitled to the leave. 

• Am I entitled to time off for issues which don’t involve dependants?

  No, but employers may allow compassionate leave which can be paid or unpaid. The contract of employment, company handbook or intranet will contain the relevant details.

• Am I entitled to leave to look after my child?

  Employees who have been working for their employer for over a year may take up to 18 weeks’ unpaid parental leave to look after their child’s welfare, such as spending more time with them, looking at schools, sorting out child care arrangements and visiting relatives.

  Employees must give 21 days’ notice.

• What maternity leave am I entitled to?

  Employees must take 2 weeks’ leave after your baby is born, but may take up to 52 weeks.

• What will I be paid?

  The statutory minimum is 90% of earnings for the first 6 weeks and the lower of a statutory minimum amount, which increases each year, or 90% of the average weekly earnings for the next 33 weeks.

• Are there any eligibility criteria?

  For paternity leave, employees must give the correct notice and have been continuously employed by their employer for at least 26 weeks up to any day in the 15th week before the due date.

  For paternity pay Employees must be employed up to the date of birth, earn at least a minimum weekly amount, give the correct notice and have been continuously employed for the same duration as stated above.

• What paternity leave and pay am I entitled to?

  Employees may take either one or two weeks within 56 days of the birth. The statutory weekly rate of Paternity Pay is the lower of the same statutory minimum amount as for maternity pay, or 90% of their average weekly earnings.

• Are there any eligibility criteria?

  Employees must earn at least a certain amount each week, give notice and proof of pregnancy and have worked for their employer for at least 26 weeks by the end of the 15th week before the due date.

• Can I share leave with my partner?

  Employees can share up to 50 weeks of leave and 37 weeks of pay between them in the first year after the birth of their child, under complex legislation which it would take too long to repeat here!  Contact the firm for more detail.