Maternity and Related Rights
Who do these rights apply to?
The rights that apply to working parents changed in 2007 due to the Employment Act 2006. Which maternity and paternity rights apply depend on the due date of the baby.
In respect of entitlement to maternity leave, if your baby was born unexpectedly early or late, this does not change your entitlement, the important date is the due date.
Babies due on or after 30th September 2007
The mothers of babies due on or after 30th September 2007 have extensive new rights to leave. They have protection from 1st April 2007 from dismissal or less favourable treatment (detriment) on the grounds that they will be exercising the new rights.
There are notice requirements in respect of exercising the new rights: an employee must notify her employer no later than the end of the 15th week before the expected week of childbirth (or if that is not practicable, as soon as is reasonably practicable) of her pregnancy, her expected week of childbirth and the date on which she intends her maternity leave to start.
Guides
What follows is a summary - guides on all the rights are available to download at the foot of the page.
- Maternity Rights – A Guide for Employers and Employees
- Paternity Rights – A Guide for Employers and Employees
- Adoption Rights – A Guide for Employers and Employees
- Parental Leave for Parents of Disabled Children - A Guide for Employers and Employees
- Flexible Working –The Right to Request and the Duty to Consider
| Babies due on or after 30th September 2007 | |
|---|---|
| Paid time off for ante-natal care | Paid time off must not be unreasonably withheld from a pregnant employee, irrespective of her hours worked or length of service. A doctor or midwife must prescribe the care that is required. After her first appointment the employer can request documentary evidence of the employee's pregnancy and details of her appointment. |
| Health and Safety | Employers have a duty to carry out a risk assessment when they are notified in writing that a female employee is pregnant. If a risk is identified then the employee may need to be moved to alternative work, or, if none is available, should be suspended with pay. |
| Ordinary Maternity Leave | All pregnant employees are entitled to take up to 26 weeks' leave providing that certain notice requirements are met. |
| Additional Maternity Leave | Employees who have 26 weeks service at the beginning of the 14th week before the expected week of childbirth are entitled to take up to 26 weeks Additional Maternity Leave . |
| Right to return | There is a right to return to the job that the woman left (there are some limited exceptions - see guidance). |
| Maternity Pay | There is no statutory obligation to pay an employee who is off work while she has a baby. It is important to check whether or not there is a contractual right to pay. Most women are eligible to claim maternity allowance from the DHSS. This is payable to eligible women at a rate of £156.10 for up to 39 weeks. The allowance stops when the woman returns from maternity leave (there are some circumstances where odd days back at work will not stop maternity allowance - Keep In Touch days - see DHSS guidance). Please contact General Benefits on 01624 685105 or generalbenefits.dhss@gov.im for more information on maternity allowance. |
| Paternity Leave | Paternity leave of one or two weeks is available within 56 days of the birth of the baby. There are certain notice and qualification requirements. Where the baby is due before 30/9/07 but is born late after that date special provisions are in place to allow an employee to take paternity leave. Please see the guidance material. There is no requirement on employers to pay employees who are taking paternity leave. Many employees will be eligible for Paternity Allowance at a rate of £180.40 per week. Please contact General Benefits on 01624 685105 or generalbenefits.dhss@gov.im for more information on Paternity Allowance. |
| Adoption Leave | Leave matching that for birth parents is available to individuals who are adopting a child. This is available where the date of placement or matching is on or after 30th September 2007. Employers are not required to pay employees who are taking adoption leave. Adoption Allowance or Paternity Allowance may be available to employees who qualify.Please contact General Benefits on 01624 685105 or generalbenefits.dhss@gov.im for more information on these allowances. . |
Other new rights for working parents
Other rights were introduced for working parents and carers from the 30th September 2007.
| Other Rights for Working Parents | |
|---|---|
| Parental Leave for parents of disabled children | Introduction of a right for the parent of a disabled child under 18 years old to take up to a maximum of 18 weeks’ unpaid leave before the child is 18. The employee should have one year’s qualifying service. Right comes into force 30th September 2007 |
| Right to Request Flexible Working | New Right
Right comes into force 30th September 2007 Continuing Provisions
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This is not an authoritative statement of the law and should be regarded as general guidance only
Babies due on or before 29th September 2007
For babies due on or before 29th September 2007 the statutory rights in relation to the right to return after the birth of the baby were contained in the Employment Act 1991. The concept of ‘maternity leave’, as in the UK right to maternity leave, differed from a ‘right to return’ in the Isle of Man. The statutory rights are the minimum that may be offered, it is important to check whether additional rights existed via the employment contract.
A summary of the rights that applied where the baby was due on or before 29th September 2007 is available to download below.
Contact the Employment Law Policy Unit on 01624 682372/1 or emplaw@gov.im for more information
Page updated January 2008
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