Minimum statutory rights to leave 



The rights explained in this chapter are minimum statutory rights. In most unionised workplaces, improvements have been negotiated, for example, as to pay, notice and length of the leave. These improvements will be reflected in collective agreements and individual contracts of employment and will replace the minimum statutory rights. 



Under section 78 of the Employment Rights Act 1996 (ERA 96), a woman who qualifies for contractual maternity leave and pay cannot take this as well as statutory leave and pay. Instead, she can choose to take advantage of whichever regime is the more generous.



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