Minimum statutory entitlements

Employers can claim back most (or in the case of small businesses, all) of these statutory payments, through deductions from their national insurance bill.

These pay, leave and return-to-work provisions are all minimum statutory entitlements. Many women will have better arrangements, negotiated by the union, contained in the contract of employment. Under section 78 of the ERA 96, a woman who has the right to maternity leave under a contract in addition to her statutory rights may not exercise the two rights separately, but may take advantage of whichever right is the more favourable.