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Parental Leave Rights

What is Parental Leave?

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.

After maternity leave can someone take an additional 4 week parental leave?

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.

Does handing in a notice effect parental leave?

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.

After returning from parental leave, is the employer required to give the employee the same job back?

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.

If written orders from a doctor state that a person cannot work a certain position due to the health of an unborn child what is the employer supposed to do?

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).

If someone gets pregnant while on probation, would they be entitled to maternity leave, and if so, would it be paid or unpaid?

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:

  • At least 10 hours a week
  • At least one hour in every week
  • 40 hours in each month
  • in six to 12 months before the expected due date.

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.

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