Tier2 (General) Visa and Maternity leave/pay

[SYED.ZAIDI]

I was wondering where I can find policy/rules/guidance about maternity leave/pay rights/entitlement for sponsored tier2 (general) visa holder.

[manci]

the rules on maternity leave, pay, etc. are the same for migrant workers as they are for settled workers:
https://www.gov.uk/maternity-pay-leave/overview

[SYED.ZAIDI]

Hello Manci, i want to ask you where it stated that employer/sponsor has to report home office within 10days where sponsored employee going for maternity leave getting maternity pay etc etc. please tell me reference? see below your advice to someone

Re: Tier 2 General - Maternity Leave
Postby manci » Sun Mar 02, 2014 11:05 am

Statutory maternity leave is 52 weeks made up of ordinary maternity leave (first 26 weeks) and additional maternity leave (last 26 weeks) and your wife is of course entitled to this.

For the purposes of her eventual ILR application:
1.
absences on maternity leave on the 5 year route are treated as any other absence: max 180 days in any 12 month period calculated backwards from the date of the ILR application.
2.
for permitted absences on the long residence (10 year) route see p13:
https://www.gov.uk/government/uploads/s ... e-life.pdf

[b]Her sponsor has to report to the HO within 10 days the reduction in her pay due to maternity leave and if there is a change in her contact details she should make this known to her sponsor immediately[/b]

[manci]

para 15.7
https://www.gov.uk/government/uploads/s ... _04-14.pdf

[SYED.ZAIDI]

Great. Many thanks MANCI

[SYED.ZAIDI]

Hello Manci
i'm tier 2 general visa holder and my current visa (first 3years) will be expired in Aug 2015. Also my 10 years in UK will be completed in December 2015. my son was born in UK and he will turn to 7 year old in sept 2014. i have some problems with my employer and it seems to be difficult (but not impossible) for me to continue until Aug 2015 or later thereafter.

So my question is do i switch to category of parents of 7 years old child when he turns to 7 years. And do you think it would be a better option as if i opt this i will no longer dependent on my employer who sponsored me? if i switch to this category then my long term residency (10 years) keep intact? pls advise

[manci]

post your question about the 7 year rule on the Immigration for family members or the General immigration forum

[dkasyap12345]

Hi manci

About this bit

"absences on maternity leave on the 5 year route are treated as any other absence: max 180 days in any 12 month period calculated backwards from the date of the ILR application."

Does this technically mean that a person is eligible for only 6 months maternity leave?

Thanks in advance

[dkasyap12345]

Hi manci

About this bit

"absences on maternity leave on the 5 year route are treated as any other absence: max 180 days in any 12 month period calculated backwards from the date of the ILR application."

Does this technically mean that a person is eligible for only 6 months maternity leave?

Thanks in advance

[talk2ram28]

'Absences ' refers to out of country absences. As long as maternity leave is taken within the country it does not affect the continuous period of residence.

[talk2ram28]

Calculating continuous period of residence for ILR

https://www.gov.uk/government/uploads/s ... eriods.pdf
Page 28

"Time spent overseas due to pregnancy, or maternity, paternity or adoption-related leave is
treated the same way as any other absence, that is, within the 180 days in any 12 months
"