Bobby and Ashley's maternity and paternity leave

Bobby and her partner Ashley both work for TechnoWhizz Computers Ltd. Ashley has worked there for three years, Bobby for nearly two. Bobby is pregnant and her Expected Week of Childbirth (EWC) begins on 27th June 2007.

Bobby has read that she must tell her employer that she is pregnant, the date her EWC will start, and when she wants to start her maternity leave. She must give all this information to TechnoWhizz by 20th March, which is the end of the 15th week before the week her baby is due.

If Ashley wants to take paternity leave TechnoWhizz must also be informed by the end of the 15th week before Bobby’s EWC. Ashley must also tell them whether one week or two consecutive weeks is needed, when the leave is to start, and give the date of Bobby’s EWC. Ashley must complete a self-certificate which demonstrates entitlement to Paternity Leave and Paternity Pay.

Bobby decides that she wants her maternity leave to start 2 weeks before her EWC, on the 13th June.

When Bobby gives her employer all the information about her proposed maternity leave, TechnoWhizz writes to her within 28 days stating when Bobby is expected to return to work. This date has been calculated on the assumption that Bobby will take all the maternity leave she is entitled to, which is 26 weeks’ Ordinary Maternity Leave (OML) and 26 weeks’ Additional Maternity Leave (AML).

Bobby starts her maternity leave as planned and gives birth on 3rd July 2007.

A week after little Charlie is born Bobby hears from a friend that pressure is building up at work and Bobby’s department is falling behind on their project. Bobby rings her boss at TechnoWhizz and offers to do some work on the project from home. TechnoWhizz decline Bobby’s offer because the law says that Bobby’s employer must not require her to do any work in the 2 weeks after she gave birth.

Although Bobby is not due to return to work until 13th June 2008, she decides that she needs to return to work before the end of her Additional Maternity Leave as the family is short of money - however Bobby does not want to go back to work on a full-time basis. Bobby and Ashley agree that one of them should reduce their working hours so that baby Charlie can be cared for at home. Bobby decides to request a flexible working pattern.

Bobby plans to start back at work on 4th April 2008. Bobby knows that she must give TechnoWhizz at least eight weeks notice of her new return date.

What if Bobby and Ashley’s situation was different? Common questions and answers

What if they had only been working for TechoWhizz for a few months?
These days, all employees (as opposed to workers, self-employed people etc.), are entitled to both Ordinary Maternity Leave and Additional Maternity Leave however long they have been working for their employer.

What if Bobby’s employer doesn’t believe that she is pregnant?
An employer is entitled to ask an employee for a certificate from a doctor or registered midwife stating the EWC. Bobby must produce this certificate if requested to do so.

What if Bobby doesn’t give the right amount of notice?
Failure to give the correct notice will not affect Bobby’s right to take Ordinary Maternity Leave as long as the failure was because it was not 'reasonably practicable' (not practical) for Bobby to comply with the notice requirements. For example, because the baby came much earlier than expected. If Bobby does not satisfy the not reasonably practicable test she may be treated as being on unauthorised absence.

Does Ashley have to be the baby’s biological father to qualify for Paternity Leave?
To qualify for Paternity Leave Ashley doesn’t have to be the biological father of the expected child. The spouse or partner of the mother is entitled to paternity leave if they expect to have responsibility for the upbringing of the child. This includes same-sex partners.

What if Bobby changes her mind about when she wants to start her leave?
Bobby must let her employer know she wants to change the start date. It would be best to put the notice in writing. This notice must be given either 28 days in advance of the new start date or 28 days in advance of the original start date, whichever is earlier.

What if Bobby wanted to start her OML more than 11 weeks before the week her baby is due?
Ordinary Maternity Leave cannot start earlier than the beginning of the 11th week before the week in which the baby is due.

Does everyone qualify for Additional Maternity Leave?
All employees who qualify for OML are automatically entitled to AML.

What if Bobby gives birth prematurely – before she is due to go off on maternity leave?
In this situation Bobby’s Maternity Leave would start automatically on the day following the birth of her baby. Bobby would have to notify her employer of the fact that she had given birth and the date of the birth as soon as it was practical to do so.

What if Bobby wants to take additional time off? Can she extend her Maternity Leave beyond the end of her Additional Maternity Leave?
Bobby has no right to extend her Additional Maternity Leave (unless TechnoWhizz agrees otherwise). Bobby may be able to take unpaid Parental Leave at the end of her maternity leave.

Can Ashley make a request for flexible working even though Ashley is not Charlie’s biological parent?
Yes. An employee can request Flexible Working if they are

• the parent, adoptive parent, foster parent or guardian of a child under 6 years old (18 if disabled); or
• the spouse or partner of any such parent or guardian; and
• if they have responsibility for the child’s upbringing; and
• the purpose of the Flexible Working request is to allow the employee to care for the child.

What happens if Bobby gives less than eight weeks' notice of return?
If Bobby gives less than eight weeks warning TechnoWhizz could delay Bobby’s return until the end of the proper notice period, as long as this delay does not extend beyond the end of Bobby’s leave entitlement.

Does Bobby need to give eight weeks notice of her return to work if she uses all of her Maternity Leave entitlement?
No. If Bobby chose to use up all of her Maternity Leave entitlement, she would not need to give notice of her return to work. Her employer should know to expect her back at work on that date.

May 2007