Your introduction to Maternity Rights
- Full maternity rights are only granted to employees
- Rights apply equally to full-time, part-time, fixed term or permanent contract employees
A different regime applies for the self-employed or those otherwise classified as “workers”.
All about rights during pregnancy
The employee has considerable rights and protections during her pregnancy. To have these protections, she must however inform her employer she is pregnant.
After the employer has been told, the employee has the right:
- To paid time off for antenatal care, under certain circumstances
- Not to be dismissed for a reason connected with her pregnancy
The employer also has extra duties under Health and Safety law regarding pregnant employees, for instance carrying out additional risk assessments.
What is Ordinary Maternity Leave (OML)?
Ordinary Maternity Leave (OML):
- Lasts for 26 weeks
- Cannot begin earlier than the 11th week before the expected week of childbirth
For OML purposes, the employee should tell her employer:
- That she is pregnant
- The intended starting date for her maternity leave
This must be done no later than the end of the 15th week before the expected week of childbirth.
She must give her employer the certificate she receives from her doctor or midwife (called the MAT B1).
What happens whilst an employee is on OML?
Whilst an employee is on OML:
- Her contract continues
- She retains the same rights except salary
This means her other benefits, such as holiday leave, pension, use of a company car, health care insurance all continue during her statutory maternity leave.
How does Additional Maternity Leave (AML) work?
When the OML has expired employees can choose to take Additional Maternity Leave (AML):
- AML continues up to a further 26 weeks
- Again, the employee retains the same rights in her contract other than salary
- Pension contributions must continue whilst she is still receiving SMP but may then cease.
An employee must give eight weeks notice if she wishes to return to work during AML.
How does maternity pay work?
The minimum payments a pregnant employee must receive during maternity leave are called Statutory Maternity Payments (“SMP”), and are set out by law. An employer can of course agree to pay more, and this will be set out in the contract.
- For the first six weeks of maternity leave the employee is entitled to 90% of her salary
- This is followed by SMP of £123.06 for 33 weeks, or 90% of their average earnings if this is less than £123.06 (sums correct as at March 2010).
What about returning to work?
If the employee chooses to return to work at the end of OML, (and therefore not take AML), she has the right to return to work to the same job she had before going on maternity leave. If there has been a redundancy situation, she is entitled to priority for alternative employment.
Is there a difference between AML and OML?
If an employee wishes to return to work during or after AML, they have the right to return to the same job. However, if that is not reasonably practical, then the employer can allow her to return to a suitable and appropriate job. The terms of this job must be no less favourable than they would have been had she not been absent.
An employer must not allow an employee to return to work within two weeks of giving birth. It is a criminal offence to do so.
Further information
The law surrounding pregnant employees is very complex, and can lead to a number of potential Employment Tribunal claims, including automatic unfair dismissal or Sex Discrimination.
Getting in touch
For further information on our Maternity Rights Service, please contact Carol Shaw on 01295 204140 or email cshaw@se-law.co.uk