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Parental leave is given to either the mother or the father who is expecting a child, through pregnancy or adoption. This leave is either paid or unpaid and is granted to care for the child or to make arrangements for the welfare of the child. In order for one to be eligible to get this leave there are many criteria that needs to be met. Below are a few questions that have been answered regarding parental leave: Is one eligible to avail 4 weeks of parental leave after maternity leave has been taken?
There is no legal requirement for an employer to grant additional leave after maternity leave has been availed. However, if the employer consents to grant additional leave; then one may avail it. One may want to check with the employer if they are willing to allow flexible working hours to the employee if the employee is not able to balance work and not able to get additional leave. Would there be any impact on parental leave if there is a notice that is handed?
In majority of the cases there would be no impact on the parental leave if one is already in the midst of it. Only from the date the notice is handed over does it come into effect. Is it a requirement as per law for an employer to give the same job that an employee was doing prior to going on leave; when the employee returns from leave?
As per law an employer should give the same job that was being done by an employee prior to going on leave or a comparable job when he/she returns from leave. However, the job hours may change and the payment for the job may also change. The employer should not reduce payment just because of the leave. Would an employee be eligible for maternity leave if she gets pregnant during probationary period? If one is eligible, would it be a paid leave or an unpaid leave?
Female employees who give birth are eligible for 14 weeks of paid parental leave. If an employee has worked for the same employer, then the below criteria must be met to be eligible for maternity leave:
* Should have worked at least 10 hours a week
* Should have at least one hour in every week
* Should have 40 hours in each month
* Should be working at least six to 12 months before the expected due date An employee should apply for parental leave to the employer and to the Inland Revenue. It is a possibility that the employer will not offer a permanent job to an employee who is on probation during pregnancy. However, the reason provided for not offering a permanent job may be something else as the employer may not discriminate against an employee due to pregnancy. What should an employer do if the employee produces a letter from the doctor indicating that the employee would not be able to work in a certain position due to the health of an unborn child? The employer would need to find a job that would match the guidelines mentioned in the doctor’s letter so that the employee may be asked to work in that position. An employee may be able to avail the Family Medical Leave as per the Family Medical Leave Act (FMLA) if the employer is unable to find another job that is concurrent with the doctor’s guidelines even after a year or if the new job does not provide at least 1250 hours of work. One may ask an employment lawyer in case of doubts regarding the rights of an employee about parental leave benefits.
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