Who is eligible for Statutory Maternity Leave?
To qualify, the person must first be an employee of your company. And it doesn’t matter how long they’ve been working for you – they are entitled to take 52 weeks of maternity leave from day one of their employment. Yep, there’s no length of service required.
The other rule is the employee has to tell their employer at least 15 weeks before the baby is expected.
They should let their employer know when it’s due and when they want to start taking their leave. This doesn’t have to be in writing, unless the employer requires it. We would recommend this to avoid any confusion.
Some transgender men will be able to bear a child. In this circumstance, the law is a bit of a grey area. Similar to surrogacy, the act of giving birth to the child is what gives the entitlement to the maternity leave and at times pay. So from this, we can assume trans men would still get maternity leave and pay, if eligible.
So, now you’re familiar with what makes someone eligible for taking Statutory Maternity Leave, let’s get into what they’re entitled to.
