Common questions about maternity leave
A pregnancy is usually great news for the mother-to-be, not always so welcomed by a employer - especially in these difficult financial times.
And with proposals to extend maternity leave even longer, the issue has once again come to the forefront of the minds of employers as well as would-be mums.
David Wright, who advises Habia and a variety of salons in the UK, answers some common queries relating to maternity leave
I understand that the government is proposing to extend maternity leave for a year - surely this is not good news
Employees can already take up to 52 weeks maternity leave however they are only entitled to 39 weeks statutory maternity pay (SMP).
The government is proposing that SMP will be paid for 52 weeks.
Employers recover the payment of SMP so there would be no additional costs. I would emphasise though that these are only proposals at the moment and employers organisations have raised their objections to them
My stylist is on maternity leave and has hinted to colleagues that she would like to return on a part time basis. However, I have not heard from her. I have a temp in place who is excellent and I would like to retain her. What can I do?
In law the employee has to give you eight weeks notice of her return but I appreciate as the date approaches you might be at risk of losing the temp.
There is no problem with you asking the employee if they have reached any decision regarding her return - in theory she does not have to answer but I suspect she will be equally keen to speak to you if she has an interest in seeking your approval for a change to her hours.
An employee has literally just commenced maternity leave but a very serious incident has come to light which could be gross misconduct - what should I do?
It goes without saying that disciplining an employee on maternity leave needs to be handled with extreme sensitivity. However, in law, there is no reason why you should not investigate the incident and take the appropriate action.
In fact, if you waited for her return in 12 months time and then decided to dismiss her, you would probably find yourself in more danger before a tribunal.
Despite all my promotions business continues to be slow and I am now seriously considering redundancies. Two of my staff are on Maternity leave should I exclude them from consideration?
Once again this incident needs handling sensitively. However, you should include the staff on maternity leave in the consultation process .
There is no legal reason why staff on maternity leave cannot be made redundant but, of course, you would have to be confident that you could potentially persuade a tribunal that the selection criteria were objective and not linked to their pregnancy.
My receptionist has advised that she is pregnant. I am concerned that in the past she has been vocal about her rights. Is there anything I should be doing at this stage?
Yes, you can undertake a risk assessment with her. The risk assessment should be reviewed periodically throughout her pregnancy.
The risk assessment should be a joint one but you might include issues such as moving and handling, any concerns re hazardous substances, the need for more rest breaks, and so on.
One of my staff is pregnant and has already started to take odd days off work. When does she begin her maternity leave?
Legally she can begin her leave 11 weeks before the baby is due. Many women wish to begin maternity leave later so that they can have longer off after the birth with pay.
She might wish to start taking some leave before she begins her maternity leave which may help you. However if she has any absences which are maternity related in the last four weeks of her maternity then you can insist her maternity leave commences.
More Legal Advice from David Wright
More of David Wright's Legal Advice For Salon Owners
