Employee rights when taking maternity and other types of parental leave
Employee rights are not usually affected when taking:
- maternity leave
- paternity leave
- adoption leave
- parental leave
- parental bereavement leave
- Shared Parental Leave
- Neonatal Care Leave
Some employees can work up to 10 paid days (20 days for Shared Parental Leave) during their leave.
Keeping in touch days
Employees can work up to 10 days during their maternity or adoption leave. These days are called 鈥榢eeping in touch days鈥�. Keeping in touch days are optional - both the employee and employer need to agree to them.
The type of work and pay employees get should be agreed before they come into work. The employee鈥檚 right to maternity or adoption leave and pay is not affected by taking keeping in touch days.
Employees can work up to 20 days during their Shared Parental Leave. These are called 鈥榮hared parental leave in touch鈥� (or SPLIT) days. These days are in addition to the 10 鈥榢eeping in touch鈥� (or KIT) days already available to employees on maternity or adoption leave.
Terms and conditions protection
Normally, the employment terms and conditions are protected and employees are entitled to any pay rises and improvements in terms and conditions given during the leave.
Pension contributions usually stop if a period of leave is unpaid, unless your contract says otherwise. For example, during unpaid periods of maternity leave or parental leave.
Employees continue to build up holiday entitlement and can take any holiday they鈥檝e accrued (built up) before or after the leave.
Returning to work
Employees have the right to return to their job if they take:
- paternity leave
- only 26 weeks of maternity or adoption leave
- only 26 weeks of Shared Parental Leave (between both parents)
- 4 weeks or less of unpaid parental leave
- Parental Bereavement Leave
- Neonatal Care Leave
If employees take extended leave
If an employee takes an extended period of leave, they鈥檒l have the right to return to their job or a similar job (if it鈥檚 not possible to give them their old job).
Similar means the job has the same or better terms and conditions.
This applies when an employee takes:
- more than 26 weeks of maternity or adoption leave
- a period of Shared Parental Leave which includes Additional Maternity Leave, paternity leave or 4 weeks or more of unpaid parental leave
- paternity leave, Neonatal Care Leave, or Parental Bereavement Leave which is more than 26 weeks when combined with other parental leave
- more than 4 weeks of unpaid parental leave
Redundancy
Employees have the right to be offered a suitable alternative job (where one is available) if they鈥檙e selected for redundancy when they take:
- maternity leave
- adoption leave
- at least 6 continuous weeks of Shared Parental Leave or Neonatal Care Leave
This applies even if other colleagues are more suitable for the role.
The right lasts for 18 months from the date the child is born or adopted and continues when the employee returns to work. For example, an employee returning from maternity leave 12 months after the birth of their child will have the same right for 6 months after returning to work.
Some employees only have the right to be offered a suitable alternative job up until they return to work. This applies if an employee:
- is taking less than 6 continuous weeks of Shared Parental Leave or Neonatal Care Leave
- returned to work before 6 April 2024
An employee can only be made redundant if the employer can clearly justify doing it - for example a part of the business closes and everyone in that section is made redundant. There are other rules for employers when making staff redundant.