A reader writes: I am having a baby by a surrogate. Am I entitled to maternity leave and the related benefits?
Linda Stewart, partner and head of employment at Simpson Millar law firm, says:
As the law stands, unfortunately the answer is no. Entitlement to either maternity leave or statutory maternity pay does not extend to people who have a baby through a surrogate – these benefits are available exclusively to employees who give birth.
However, there is a growing wave of people who believe that the law on surrogacy is in urgent need of reform, especially as mothers whose babies are born through surrogacy require just as much support as birth mothers do. What’s more, both leave and pay are available to qualifying adoptive parents.
If, after the birth, you plan to adopt the baby through an approved adoption agency then you might be entitled to adoption leave and pay. In order to qualify you must have worked for your employer for at least six months by the end of the week in which you are notified by the adoption agency that the child will be placed with you. Adoption leave can be taken for up to 52 weeks and adoption pay is available for 39 weeks – some employers allow more.
Read more.....http://www.ft.com/cms/s/0/2fc1b4ac-6df3-11e1-b98d-00144feab49a.html#axzz1wSFvqCm1
Linda Stewart, partner and head of employment at Simpson Millar law firm, says:
As the law stands, unfortunately the answer is no. Entitlement to either maternity leave or statutory maternity pay does not extend to people who have a baby through a surrogate – these benefits are available exclusively to employees who give birth.
However, there is a growing wave of people who believe that the law on surrogacy is in urgent need of reform, especially as mothers whose babies are born through surrogacy require just as much support as birth mothers do. What’s more, both leave and pay are available to qualifying adoptive parents.
If, after the birth, you plan to adopt the baby through an approved adoption agency then you might be entitled to adoption leave and pay. In order to qualify you must have worked for your employer for at least six months by the end of the week in which you are notified by the adoption agency that the child will be placed with you. Adoption leave can be taken for up to 52 weeks and adoption pay is available for 39 weeks – some employers allow more.
Read more.....http://www.ft.com/cms/s/0/2fc1b4ac-6df3-11e1-b98d-00144feab49a.html#axzz1wSFvqCm1