Introduction and Maternity Rights
5OS01 – Specialist employment law
This CIPD Level 5 learning video introduces the fundamental principles of maternity, paternity and adoption rights within the 5OS01 Specialist Employment Law unit, addressing assessment criteria AC 4.2. The video explores statutory leave and pay entitlements, shared parental leave arrangements, keeping in touch days (KIT and SPLIT), antenatal care provisions, and qualifying periods of service that HR professionals must understand. By watching this resource, learners will gain comprehensive knowledge of maternity rights in an employment context, enabling them to advise organisations on compliance and support employees throughout key life events.
What this video covers
Covering the opening section of Unit 5OS01, this video addresses Assessment Criterion 4.2 by examining the legal foundations of maternity rights as a distinct strand within the broader category of family-related employment entitlements. The legislative framework discussed spans the Employment Rights Act 1996, the Maternity and Parental Leave Regulations 1999, the Equality Act 2010 and the Social Security Contributions and Benefits Act 1992, with the video explaining how these instruments operate alongside one another rather than in isolation. The significance of pregnancy and maternity discrimination as a distinct protected characteristic under the Equality Act is acknowledged within that framing.
The video then turns to the structure of maternity leave itself, distinguishing between Ordinary Maternity Leave and Additional Maternity Leave and addressing qualifying periods — or the absence of them — for each entitlement. Compulsory maternity leave following birth is treated as a separate statutory requirement, including the different minimum period that applies to factory workers, and the video makes clear this obligation cannot be waived by agreement between employer and employee. Statutory Maternity Pay is examined alongside leave, covering the 26-week continuous employment threshold measured against the qualifying week, the lower earnings limit, the two-rate payment structure across the 39-week payment period, and the role of Maternity Allowance administered by the DWP for employees who fall outside the SMP criteria.
The right to paid time off for antenatal care is also covered, including what constitutes antenatal care in law, the evidence an employer may and may not request at different stages, and the separate provision allowing a partner to accompany the pregnant employee to appointments. Taken together, the video maps the interaction between health and safety considerations, employment protection and the principle of gender equality as underpinning rationales that connect the specific rules on leave, pay and antenatal rights discussed throughout.
Assessment Criteria 4.2
Explain the main principles of maternity, paternity and adoption rights in the context of employment rights.
Indicative Content
Rights to leave and pay during maternity, paternity or adoption; shared parental leave and pay; keeping in touch days (KIT and SPLIT); time off for antenatal care qualifying periods of service.
What You'll Learn
Video covering: Introduction and Maternity Rights
About 5OS01 – Specialist employment law
This unit considers key areas of employment legislation and its legal framework, focusing on how people professionals are obliged to take account of legal requirements in different jurisdictions when carrying out the varied aspects of their role.
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