Tier 2 - ICT Visa - Maternity Leave in UK

[narass]

Hi Team. My wife is working in UK under Tier2-ICT (long term staff) visa category from Dec'2010. We had a baby while in UK in the month of May'2018. Since she is in ICT visa category,

1. Will she be eligible for Maternity leave in UK as per UKBA policy ? If Yes, how many months ? (or)
2. If no, Will the maternity leave be decided by the employer as per the company's policy irrespective of UKBA policy ?
3. If she had taken loss of pay (leave) for 6 months from May to November, will the Annual leaves accumulate for the respective 6 months and can she use them once she joins back at the end of 6th month leave ? Will this again be as per company policy ?

[CR001]

Maternity leave policy is what the employer has in place and what the employment contract states. UKVI merely allows a period of maternity and that policy or guidance is completely separate to the employers policy.

[nbandla]

She is eligible for maternity leave for 1 year irrespective of visa category and company policy, this is UK government rule and must be born by all companies registered in UK, google maternity pay calculator and you will get gov link where you can find out exact dates and pay she deserve.

Your employer also need to pay something around £145 per week for upto 36 weeks by law.
During this leave period your annual leaves will accumulate.

[narass]

Hi nbandla,

Thanks for your reply.

With regards to the statement "She is eligible for maternity leave for 1 year irrespective of visa category and company policy", Could you please direct me to the website or share link which provides more details on this regard, because company had advised her that:

1. Since she is in ICT Visa category and as per company policy she is not eligible for UK Maternity leave and Pay. She was advised to take leave on unpaid basis only.
2. Since she was in leave under unpaid leave category for 6 months, she was advised that her annual leave doesn't accrue during these 6 months period.