Maternity leave and maternity pay

New and updated

• Type:

  FAQs

  Where a pregnant employee has two jobs will they be entitled to statutory maternity pay from each employer?

• Type:

  FAQs

  Should allowances such as travel allowances and car allowances be used in the calculation of statutory maternity pay?

• Type:

  FAQs

  Will an employee for whom a surrogate mother gives birth to a child be entitled to paid maternity leave?

• Type:

  FAQs

  Is statutory maternity pay subject to tax and national insurance?

• Type:

  FAQs

  Where a pregnant employee's job involves heavy lifting and there is no lighter work available for them to do, can the employer insist that they start their maternity leave early?

• Type:

  FAQs

  Where an employee fails to return from maternity leave on the expected date can the employer terminate their employment?

• Type:

  FAQs

  Where an employee wishes to start their maternity leave on their due date, can the employer insist that they start it earlier to allow some time to relax beforehand?

• Type:

  FAQs

  How is statutory maternity pay calculated if the employee is on sick pay during the calculation period?

• Type:

  FAQs

  Where an employee plans to start their maternity leave on their due date can they postpone the start date if the baby does not arrive on time?

• Date:

  24 June 2005

  Type:

  Employment law cases

  Maternity leave and equal pay: Male comparator not required in maternity pay claim

  In Alabaster v Barclays Bank plc, the Court of Appeal holds that the answer to the problem of how to enable an employee effectively to enforce her right to claim arrears of maternity pay (owed to her as a result of a failure to take into account a pay rise awarded before her maternity leave started, but after the reference period for calculating her maternity pay had ended) lay in removing the requirement in s.1(1) of the Equal Pay Act 1970 for her to point to a male comparator.