Minimum statutory rights to leave

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

Under section 78 of the ERA 96, a woman who has the contractual right to maternity leave and pay may not exercise this in addition to the statutory right, but can take advantage of whichever right is the more favourable.

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