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EY Gibraltar - Doing Business in Gibraltar

Page 67

4.4.4 - Parental leave entitlement Although not legally defined, parental leave relates to a period of unpaid leave taken by the mother or father of a child and any person who has obtained formal parental responsibility of a child. An employee who has been continuously employed for at least one year and has, or will have, the responsibility of a child is entitled to be absent from work on unpaid parental leave. Parental leave, which is always without pay, consists of 13 weeks leave, provided that no more than 4 weeks are taken after the birth or adoption of a child in any one year. Parental leave is only permitted until the child’s fifth birthday or fifth anniversary of adoption, where relevant. The employee must give minimum periods of notice and an employer may postpone the leave if the operation of the business would be substantially prejudiced by the employees’ absence. 4.4.5 - Maternity leave and allowance Statutory maternity leave, which is unpaid, consists of 14 weeks. Maternity allowance is a weekly benefit of £87.64 paid by Government for a period of 18 weeks and can be claimed as early as 11 weeks before the expected week of birth but not later than 6 months after the right to maternity leave has been exercised. Provided appropriate Social Insurance contributions had been paid by the claimant in the year prior to the birth a Maternity Grant of £400 is also available. 4.4.6 - Time off work for urgent family reasons Time off must normally be allowed to employees for urgent family reasons, such as sickness or accident affecting a member of the employee’s immediate family which makes the employee’s immediate presence indispensable. An employee is entitled to up to five working days in each year. The employer may require proof of the necessity for the leave. Employees are not entitled to be paid during the time off work. The absence from work is considered a special type of unpaid leave.

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