Maternity, Paternity and Sick Leave Legislation
Overview
As important as employment law is within the workplace, it’s also important for the necessary support to be provided for employees who need to leave work for extended periods of time. The legislation can heighten employee morale, improving wellbeing and increasing productivity.
This article will cover the main pieces of legislation related to statutory leave and time off, including the most recent paternity leave legislation to come into effect. It serves as a comprehensive resource for employers and employees alike.
Maternity Leave
The Work and Families Act 2006 made substantial changes to existing employment laws, including both maternity and paternity leave. For maternity leave, the Act increased the period of statutory maternity leave available from 26 weeks to 52 weeks, along with the right to return to work. Increases to Maternity and adoption are also increased, with the availability period extended from 26 to 39 weeks. Protection against dismissal and discrimination for maternity related reasons was also strengthened.
In Ireland, the Maternity Protection Act 2004 is one of the most significant pieces of legislation affecting maternity and pregnancy. It enhances the rights and protections for pregnant employees and new mothers. It provides 26 weeks of ordinary maternity leave, then an additional 16 weeks of unpaid maternity leave. Health and safety protections of pregnant employees are included under this act, as well as the introduction of ‘keeping in touch days’, allowing employees to take part in training, attending meetings or other work-related matters for a maximum 10 days without losing their maternity leave entitlement.
Paternity Leave
Much like maternity leave, paternity leave is also covered by the Work and Families Act 2006. Fathers may take up to 26 weeks of additional paternity leave if the mother returned to work early from maternity leave. Some of it could possibly be paid, if taken during the mother’s maternity pay period.
Much more recently, paternity leave has been changed by the Paternity Leave (Bereavement) Act 2024. This Act focuses specifically on supporting fathers and partners experiencing the loss of a child, recognizing the emotional and psychological impact of bereavement and providing necessary adjustments to working arrangements. It applies to all employees and workers who are recognised partners of a bereaved primary caregiver. These employees are entitled to a minimum of two weeks paid leave following the death of a child under the age of 18. Employees must notify their employer of their intention to take paternity bereavement leave along with the duration and start date. They are then entitled to be paid at either a statutory fixed rate or a percentage of their average weekly earnings.
These changes mark a significant development in workplace rights, providing necessary time to grieve without additional job-related worries. It helps foster a supportive and compassionate workplace culture.
Sick Leave
In the UK, sick leave is covered under more general employment acts, such as the Employment Rights Act 1996. Other health related leave may be covered under the Equality Act 2010, which covers more long-term health conditions and time off due to disabilities.
In Ireland, sick leave is covered by the Sick Leave Act 2022. An employee is entitled to a maximum of 3 statutory sick leave days in a year, consecutive or non-consecutive. This was recently extended via a 2024 order to 5 days maximum. Entitlement starts after 13 weeks’ continuous service, and medical certificates to prove inability to work should be provided. The number of sick days may vary depending on a wide variety of reasons, such as the state of the economy or data on earnings and labour costs.
Employment rights are consistently subject to change, which makes it important to keep on top of updates to ensure employees are being treated as fairly as possible in line with the most recent legislation. For sick leave, parental leave or any other required leave, you should ensure that policies and procedures are up to date and followed.
