Parental leave is an employee benefit that can either be paid or unpaid. Usually parental leave is granted to either parent that is expecting child, through pregnancy or adoption. This leave allows the parent to care for the child, or make arrangements for the welfare of the child. There are many laws and requirements that must be met in order to receive parental leave. You can bring your questions about parental leave to Employment lawyers on JustAnswer. Below are the top questions about parental leave answered on the site.
By law there is usually no way to ensure you get additional leave following maternity leave, unless your employer agrees to it. If you are unable to balance work, and if your employer is not willing to grant additional parental leave, you may consider asking for flexible work hours.
If you are already on parental leave then it is unlikely to affect the leave. The notice would go into effect from the day that you hand it in. If you have other questions regarding parental leave, you could ask Employment lawyers on JustAnswer.
When someone returns from parental leave, the law requires the employer to give the employee either the same job one that is comparable. The hours of the job that is given may be different, and the new job may or may not earn the same as before the parental leave. However, the employer cannot give a pay cut because of the leave.
The employer would have to find the person another position to work in. This would have to meet the guidelines written by the doctor. If the employer cannot find alternate work that conforms to the doctor’s guidelines for over a year and/or if the new job doesn’t provide at least 1250 hours of work, then you may be eligible for Family Medical Leave that’s provided under the Family Medical Leave Act (FMLA).
Paid parental leave of 14 weeks is available to female employees who give birth to a child. You would be eligible for maternity leave if you have worked for the same employer for:
To receive parental leave they must apply to your employer and then to Inland Revenue. However, if you are on probation, the employer may decide not to offer you a permanent job. However, since they cannot discriminate against pregnancy, they may not cite it as the reason for not offering the permanent job.
If you feel as if you are not receiving the right type of parental leave benefits from your employer, or you just don’t understand what rights you have with regard to accepted leave from work, you could bring your questions to Employment Lawyers on JustAnswer for their Expert legal insights and opinions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.