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Maternity Leave Entitlement while on Work Permit

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captain74
Junior Member
Posts: 87
Joined: Tue Dec 06, 2005 11:25 am
Location: London

Maternity Leave Entitlement while on Work Permit

Post by captain74 » Tue Dec 06, 2005 11:33 am

Can anyone guide me if there are any restrictions placed on Work Permit holders regarding availing maternity leave? Also, is SMP applicable in such a case?

Thanks :)

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Tue Dec 06, 2005 11:37 am

You are entintled to Maternernity Leave and Statutory Maternity Pay.

this does not breach your "without recourse to public funds" rule
Where there is a will there is a way.

captain74
Junior Member
Posts: 87
Joined: Tue Dec 06, 2005 11:25 am
Location: London

Post by captain74 » Tue Dec 06, 2005 11:45 am

Thank you chess!

What a relief! Do you have any link to any policy document etc which I can obtain just in case I need to haggle with the employer?

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Tue Dec 06, 2005 11:49 am

captain74 wrote:Thank you chess!

What a relief! Do you have any link to any policy document etc which I can obtain just in case I need to haggle with the employer?
http://www.dti.gov.uk/er/matleafr.htm

http://www.dwp.gov.uk/lifeevent/benefit ... y.asp#what
Where there is a will there is a way.

captain74
Junior Member
Posts: 87
Joined: Tue Dec 06, 2005 11:25 am
Location: London

Post by captain74 » Tue Dec 06, 2005 11:52 am

Chess

You are a Gem!

Thanks a lot!

captain74
Junior Member
Posts: 87
Joined: Tue Dec 06, 2005 11:25 am
Location: London

Post by captain74 » Wed Dec 07, 2005 1:29 pm

For those who are following this topic, here is what I got from Home office as reply to my email concerning the issues:-

Dear Sir,

An individual working in the UK as a work permit holder will accrue the same
employment rights as any other UK employee. This would include the right to
paid maternity leave where appropriate.

Where leave is granted in association with a work permit, a period of
maternity leave will not affect an individual's leave to remain in the UK,
provided they remain lawfully in the employment of the organisation for
which the work permit was issued. If that person decides to spend this
period outside the UK, provided they have at least six months extant leave
remaining at the time they seek to return to the UK, there should not be a
significant difficulty either. (However, that time spent outside the UK is
likely to have an impact on an individual's qualifying period for Indefinite
Leave to Remain, whether the person is on maternity leave or not.)

The issue of having an extended, unpaid period of maternity leave, is
potentially more problematic, due to work permit holders being precluded
from access to public funds. However, provided an individual is able to
support themselves in the UK during this period, and again, provided they
remain lawfully in the employment of the organisation for which the work
permit was issued, this should not cause the leave to remain to lapse or the
individual to be in breach of their conditions of stay here.


Philip Green
Customer Service Advisor

* Customer Contact Centre
Work Permits (UK)
Home Office
PO Box 3468, Sheffield
* 0114 2074074
* www.workingintheuk.gov.uk

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Wed Dec 07, 2005 1:44 pm

Captain 74,

The homeoffice has basically told you what we had already advisred you about,...

Is there a little one on the way? Congratulations :wink:
Where there is a will there is a way.

captain74
Junior Member
Posts: 87
Joined: Tue Dec 06, 2005 11:25 am
Location: London

Post by captain74 » Wed Dec 07, 2005 1:49 pm

Still in planning stage :D

I thought it may be a good idea to have something in writing from home Office and share it here in the forum for whatever it may be worth! (not that their reply would seriously effect the planning)

Cheers!

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Wed Dec 07, 2005 2:03 pm

captain74 wrote:Still in planning stage :D

I thought it may be a good idea to have something in writing from home Office and share it here in the forum for whatever it may be worth! (not that their reply would seriously effect the planning)

Cheers!
I hope all the plans go alright........it is well worth having off-springs to benefit from all the difficulties we have gone through...

However, child care costs are about £600 per month (in the north) and about £750 to £9,00 south east/london

so be prepared!!!!!
Where there is a will there is a way.

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