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Dismissal during Parental Leave

Find out how employee protection applies during parental leave.

If you are dismissed during parental leave

For Maternity Leave, Paternity Leave and Adoption Leave

You will be protected from dismissal during Government-Paid Maternity Leave, Paternity Leave or Adoption Leave. It is unlawful for an employer to terminate your employment during these periods.

For Shared Parental Leave, Childcare and Extended Childcare Leave

Shared Parental Leave (SPL) does not come with the same protection from dismissal. While SPL allows employees additional time away from work, employers retain the flexibility to make fair employment decisions, such as dismissals on grounds of poor performance, in line with business needs.

If you believe you were unfairly dismissed while on SPL, you can file a claim with the Tripartite Alliance for Dispute Management (TADM).

Similarly, Government-Paid Childcare Leave and Extended Childcare Leave do not come with the same protection from dismissal.