The law offers protection to people who need to time off work for family-related reasons. If you are treated less favourably at work for trying to assert these rights– for instance, for taking maternity leave or dealing with a family emergency at home – then you may have grounds for an employment law claim.

QualitySolicitors can advise you on your rights, your prospects of success and compensation. Below are some questions commonly asked by our clients.

I intend to return to work after maternity leave – what can I expect?

If you return during or immediately after ordinary maternity leave (26 weeks), you are entitled to return to your role on the same terms and conditions.

If you return during or immediately after additional maternity leave (52 weeks) you can return to your original job unless this is not reasonably practicable. In this case, you should be offered alternative work on the same terms and conditions.

Where an employer is planning redundancies [link], you must not be treated any less favourably than other people because you are on maternity leave. This means you must be consulted about the changes, just like them, and selected fairly.

I feel marginalised at work – what should I do?

If you are treated less favourably than other people for a reason relating to your pregnancy or maternity leave, this is likely to amount to unlawful discrimination.

A dismissal will be automatically unfair if it is for reasons connected with pregnancy, childbirth, maternity or parental leave or taking time off for ante-natal care. This could include a dismissal by reason of redundancy, for example if you were not fairly selected.

Can my partner take time off to look after our baby?

Most fathers who are employees can take one or two weeks (his choice) paternity leave. Most will also be entitled to paternity pay.

The leave can be taken any time up to 8 weeks after the birth or placement for adoption (or if the baby is born prematurely up to 8 weeks after the expected date of birth). The employer is usually entitled to receive notice 15 weeks before the date of the birth.

This right applies to single-sex couples including women (despite the name!).

Do I have the right to work flexibly if I have children?

You are entitled to request flexible working if you are the parent of a child aged 16 or under, or of a disabled child aged 18 or under.

Please note that the right is to make a request for flexible working. Your employer must consider your request and respond to you in writing. There are a number of reasons in law why your request could be turned down.

How can I spend time with the children, without jeopardising my job?

You have the right to take parental leave if you are an employee with at least one year’s service. To qualify for this right, you must be named on the child's birth certificate or adoption certificate or have legal parental responsibility for a child under 5 (or 18 if the child is disabled).

Parental leave is up to 13 weeks' unpaid time off work to look after your child or make arrangements for their welfare. The time must be taken in blocks of 1 week, with a total of no more than 4 weeks per year.

How can I cope with a crisis in the family?

As an employee you can take a reasonable amount of unpaid leave to deal with genuine emergencies involving dependants. A dependant is someone who reasonably relies on you for help in an emergency. It may include your children but could also be your partner, your parents or an elderly neighbour who relies on you.

The amount of unpaid leave allowed must be reasonable to let you take the necessary action. This would depend on the circumstances. For example, it would include helping when a dependent is ill or injured, or when childcare arrangements are disrupted and you need to make alternative arrangements, or if an incident has taken place with your child at school.