Maternity rights FAQ
Maternity rights
Pregnant employees have a number of special rights under the Employment Rights Act 1996 (as amended by the Employment Act 2002) and the Sex Discrimination Act 1975. It is a complex subject that requires a good understanding of both employers’ policies and the law.
What rights do I have as a pregnant employee?
Pregnant employees have three key rights:
- Paid time off for antenatal care
- Maternity leave
- Maternity pay benefits
Employers also have certain obligations to ensure the health and safety of pregnant employees.
There are various entitlements to paid and unpaid leave as a result of pregnancy – Directgov will provide you with up to date information on this. You should also look into your company’s maternity policy as many give more than the basic rights.
What protection does the law provide?
It is unlawful for an employer to dismiss a pregnant employee, single them out for redundancy or treat them unfairly for reasons connected to their pregnancy or maternity.
What statutory maternity leave is available?
Pregnant employees get 26 weeks “ordinary maternity leave” with “additional maternity leave” – a further 26 weeks – available to employees who have completed 26 weeks continuous service. Up to 39 weeks statutory pay is also offered, details of which can be found at Directgov – keeping in mind that company maternity policies may be more generous.
When does maternity leave start?
Maternity leave can be taken up to 11 weeks before the baby’s due date. At least three weeks notice is required unless it’s not “reasonably practicable” to do so. If the baby is born before the agreed leave begins, it will start automatically that day. It’s best to tell an employer in writing as soon as you know you’re pregnant so arrangements can be made.
What happens when maternity leave finishes?
After maternity leave an employee must be allowed to return to work unless this is genuinely impossible.
What if the employee decides not to come back?
The notice period required by their contract of employment applies.
What terms and conditions apply during ordinary maternity leave?
All the employee’s usual terms and conditions of employment apply except for pay. So entitlements to benefits such as a pension or share option contributions continue.
Ordinary maternity leave also counts as continuous employment for the purposes of assessing seniority, pay rises, pensions, holiday entitlement and other personal benefits based on length of service.
Are there any jobs expectant mothers can’t do?
Employers have a duty to assess the risks in the workplace for new and expectant mothers and their babies. Where a risk cannot be removed or controlled, an employer must offer alternative suitable work under no less favourable terms and conditions. If no such work is available, the mother must be suspended on full pay for as long as necessary to protect their health and safety.
What is the difference between maternity pay and maternity allowance?
Maternity pay is paid by the employer and maternity allowance is paid by Social Security. For the latest information on the allowance, see the Department for Work and Pensions website. An employee can either opt for statutory maternity pay or contractual maternity allowance, depending on which package is best.
What can be done if an employer doesn’t uphold these rights?
A claim of sex discrimination can be brought to an employment tribunal within three months of the date of the alleged infringement.