ABSTRACT
This chapter looks at entitlement to maternity leave as the result of the birth of a child, to leave following adoption, and to paternity leave. It also considers the circumstances in which an employer will be held to discriminate against an employee on the grounds of pregnancy or the taking of such leave. An employee who gives birth to a child is entitled to a total of one year's maternity leave, without any requirement for a qualifying period of continuous employment. Compulsory maternity leave normally forms part of ordinary maternity leave. In order to take ordinary maternity leave, the woman must notify the employer of the following, not later than the end of the 15th week before the expected week of childbirth, or as soon as reasonably practicable. Unless the employee chooses to return to work at the end of her ordinary maternity leave, additional maternity leave begins automatically, without any need for notice, and continues up to 26 weeks.
