Employment Rights Act 1996 — family-leave eligibility provisions: s.57ZE (time off to accompany to ante-natal appointment), ss.71–75 (maternity leave) and ss.80A–80B (paternity leave: birth and adoption)

In brief

The statutory floor for the family-leave provisions a staff handbook reproduces. Section 57ZE gives an employee who has a qualifying relationship with a pregnant woman or her expected child the right to time off to accompany her to ante-natal appointments (two occasions per pregnancy); the qualifying relationship in s.57ZE(7) is functional, not gendered — the husband or civil partner; a person being of a different sex or the same sex who lives with the woman in an enduring family relationship; the father of the expected child; a parent under HFEA 2008 ss.42–43; or a potential applicant for a parental order. Sections 71–75 establish ordinary, compulsory and additional maternity leave for an employee who satisfies any conditions which may be prescribed (at least 26 weeks' ordinary leave; a compulsory period of not less than two weeks), with s.74 authorising protection against redundancy and dismissal during, or after, maternity leave and s.75 the notice and evidence machinery. Sections 80A–80B require regulations entitling an employee who satisfies conditions as to relationship with a newborn, or expected, child and as to relationship with the child's mother (birth) or with a child placed for adoption (adoption) to paternity leave for the purpose of caring for the child or supporting the mother; the former length-of-service condition in s.80A(1)(a)/s.80B(1)(a) is omitted by ERA 2025 s.16. The statute's own vocabulary is gendered where it names a role (she, mother, pregnant woman) but the entitlements attach to the person who is pregnant, gives birth or stands in the specified relationship — which is the point R (McConnell) v Registrar General settles for mother, and the reason an inclusive handbook can re-word without altering who is eligible. Decision-support, not legal advice.

Key provisions

• s.57ZE(1)–(2) — Right to time off to accompany to an ante-natal appointment — two occasions per pregnancy: "An employee who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care." In relation to any particular pregnancy, an employee is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.
• s.57ZE(7) — The qualifying relationship test — functional and expressly sex-neutral: "A person has a qualifying relationship with a pregnant woman or her expected child if" (a) the person is the husband or civil partner of the pregnant woman, (b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman, (c) the person is the father of the expected child, (d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, (e)–(f) potential applicants for a parental order under HFEA 2008 ss.54/54A.
• s.71(1), (3)(a) — Ordinary maternity leave — at least 26 weeks: "An employee may, provided that she satisfies any conditions which may be prescribed, be absent from work at any time during an ordinary maternity leave period." Regulations must secure that she is entitled to an ordinary maternity leave period of at least 26 weeks.
• s.72(1), (3)(a) — Compulsory maternity leave — not less than two weeks: "An employer shall not permit an employee who satisfies prescribed conditions to work during a compulsory maternity leave period." Regulations must secure that no compulsory leave period is less than two weeks.
• s.73(1) — Additional maternity leave: "An employee who satisfies prescribed conditions may be absent from work at any time during an additional maternity leave period."
• s.74(1)–(2) — Redundancy and dismissal protection during, or after, maternity leave (ERA 2025 s.27): Regulations under s.71 or s.73 "may make provision about redundancy during", or after, an ordinary or additional maternity leave period, and may make provision about dismissal (other than by reason of redundancy) during, or after, such a period. Source annotation: Words in s. 74(2) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36) , ss. 27(2) , 159(3) ; S.I. 2026/3 , reg. 2(12)(b)
• s.75(1)(a) — Supplemental — notices, evidence and procedure: Regulations may "make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers".
• s.80A(1) — Paternity leave: birth — conditions as to relationship with the child and with the child's mother; qualifying period removed: Regulations must entitle an employee who satisfies specified conditions "(b) as to relationship with a newborn, or expected, child, and (c) as to relationship with the child's mother, to be absent from work on leave under this section for the purpose of caring for the child or supporting the mother." Paragraph (a) is omitted. Source annotation: S. 80A(1)(a) omitted (6.1.2026 for specified purposes, 18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rig
• s.80B(1) — Paternity leave: adoption — conditions as to relationship with the child and the adopter: Regulations must entitle an employee who satisfies conditions "(b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom", and (c) as to relationship with a person with whom the child is, or is expected to be, so placed for adoption.

When relevant

Any handbook or policy review touching maternity, paternity, adoption or ante-natal provisions — the eligibility tests a policy reproduces and must not narrow. Cite s.57ZE(7) as the statutory model of sex-neutral, relationship-based eligibility; ss.71–73 for the maternity-leave structure; s.74 for the post-leave dismissal protection ERA 2025 added; ss.80A–80B with PALR-2002 for paternity leave. Pair with MCCONNELL-CA-2020 whenever mother or she in the statute is the question.