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What are my maternity rights?
When you're expecting a baby there are lots of laws that protect your rights at work, from how much time you can have off, to how much maternity pay you'll get, and there are various laws to protect the health of you and your baby. Sometimes, ploughing through all that legal-speak is hard work, so here is a checklist of the basics, followed by useful links where you can find more detailed information.
Your qualifying week: many of the laws below talk about your 'qualifying week'. This is the 15th week before your baby is due (that is, week 25 of your pregnancy). Keep your dates in mind, as this is the week on which many of the benefits calculations are based.
Telling your boss you're pregnant
You're not legally obliged to tell your boss you're expecting until your qualifying week (week 25). But it may be a good idea to spill the beans earlier as it'll help your employer plan for cover when you're on maternity leave. It also means you'll be able to go off to antenatal appointments, and to talk about changing your working conditions if you think you need to (you may need to switch to a desk-based job, or avoid lifting heavy machinery, that sort of thing). When you do formally tell your employer about your pregnancy, put together a letter stating when you'd like your maternity leave and your maternity pay to start (for example, two weeks before the birth). With the letter you'll need to enclose your MATB1 form (which your midwife will give you at about 20 weeks of pregnancy).
Once you have told your boss, talk to Human Resources to find out exact details of what you are entitled to. Some companies, for instance, offer enhanced parental leave packages or will be prepared to allow you to vary your hours to avoid the rush hour.
Your rights
Many employers are supportive of their pregnant employees. However, even if yours isn't, you cannot legally be fired, singled out for redundancy or given worse conditions simply because of your pregnancy. For instance, taking away your company car because you are pregnant or laying you off to avoid having to pay maternity pay would be illegal.
Your employer must also take care to ensure your work isn't harmful to you or your baby. So, for instance, if you work with chemicals that might harm the baby, you should be transferred to other duties. Your boss might ask you if you intend to come back. You do not have to give a definite answer on this. The company must hold your job open for you so you can make a decision after the birth.
Health rights
You'll get paid time off for antenatal appointments - and this includes parentcraft or antenatal classes as well as medical appointments. If your employer asks, you'll need to provide proof that you are going to antenatal appointments. Dads-to-be aren't legally entitled to have paid time off for these appointments, but many manage to come to an informal agreement with their employer. If your job could be dangerous for your baby, your boss has to find you alternative work. If this isn't possible you're entitled to leave on full pay. It's not just obviously dangerous jobs - like firefighting or working with toxic chemicals - that need to be considered. Even your workstation and chair, or the lack of frequent breaks to go to the loo, can be a problem for a pregnant mum. So once your employer knows you're pregnant, they have to do an assessment and make sure you're safe. You also get free prescriptions and NHS dental treatment from pregnancy until your baby is one year old. To get your exemption certificate, get form FW8 from your midwife and send it in to your health authority.
When can you start your maternity leave?
The earliest time is 11 weeks before you are due to give birth. Alternatively, you can carry on working as long as you like, right up until your waters break. It may be uncomfortable, but it does mean you get maximum time off with your baby. If you are still working when your baby is born, your leave will officially start the day after the birth. If you find you have to take time off with pregnancy-related health problems in the last four weeks before your due date, your employer can ask that you start your maternity leave.
How long can you have off work?
All mums can take up to 52 weeks (1 years) maternity leave, regardless of the length of service with the employer which 26 weeks (six months) will be ordinary maternity leave (OML).
An additional 26 weeks maternity leave (AML) can be taken making a total of 52 weeks maternity leave, however certain terms and conditions will apply. Any babies due on or after the 1st April 2007 will receive an additional 13 weeks paid maternity leave (AML) making a total of 39 weeks paid maternity leave equating to 26 weeks paid maternity during your OML and 13 paid maternity leave during your AML.
Even complete workaholics are obliged to take two weeks off - that's compulsory!
How much will you be paid?
Statutory Maternity Pay (SMP) is paid by the employer, to mums who have worked for that employer for 26 weeks continuously by the time they reach their qualifying week (15 weeks before your baby is due). You'll have to have earned at least £87 per week on average in the two months before that date.
If you qualify, you'll get 90% of your average earnings for the first six weeks, then (for the next 33 weeks), either 90% of your average earnings or £112.75 per week, whichever is the lowest. During this time you keep any company benefits such as company car or holiday pay.
If you decide to extend your maternity leave into AML, you won't get paid, and you will no longer be entitled to company benefits such as the company car.
If your baby was born before April 2007, SMP was 26 weeks.
Self-employed?
You may be entitled to Maternity Allowance, which is paid directly by the government. To qualify, you need to have worked for 26 weeks out of the 15 months before your baby's due date. For half of these weeks, you need to have been paid at least £30 per week. If you qualify, you'll get either 90% of your average earnings or £108.85 per week, whichever is the lowest, for a total of six months (rising to nine months in April 2007).
To claim maternity allowance, go to your local Jobcentre Plus and fill in form MA1. Take your MTAB1 (the form you get from your midwife at 20 weeks) too, as well as all your payslips showing you have worked for the relevant 26 weeks.
What about dads?
Your partner can claim Statutory Paternity Pay and Leave if he has worked for his boss for six months by the time you reach your qualifying week, and has earned a minimum of £87 a week. He'll get two weeks leave paid at £112.75 per week, or 90% of his average weekly earnings if it is less. You must let your employer know that you want to take paternity leave at least 15 weeks before the baby's official due date. If the baby arrives unexpectedly, you can still take the leave as long as you notified your employer.
Going back to work
If you're going back to work at the end of maternity leave, you don't need to give notice of your return. But if you decide you do want to go back early, you'll have to give 28 days notice. If you decide not to go back to work, you have to give your normal amount of notice. But you don't have to pay back your SMP. If you're not sure, you can think about it during maternity leave. As long as you give your employer the right notice that you're not coming back, that's fine. Once you're back you can ask for flexible working hours and your employer is obliged to consider your request.
Need some more help?
Some low-income families may get a Sure Start Maternity Grant to help with the costs of a new baby - check at your local Jobcentre Plus. If you're not entitled to SMP or MA, you may get Incapacity Benefit. Once your baby is born, you'll be entitled to child benefit.
Links
- Working Families has detailed advice for pregnant and new mums.
- Your Jobcentre Plus or Social Security Office (see your local phone book) has leaflets, information and application forms - telephone or go in for advice.
- The government site (direct.gov.uk/employees) has up-to-date information plus an interactive tool that gives a personalised guide to your maternity and parental rights.
Parental leave
Parental leave is unpaid leave of up to 13 weeks that you and your partner can take before your child is 5 (or up to 18 if a child is disabled). It is only open to parents who have been with the same employer for a year or more and you can take up to four weeks in one year, or pro-rata if either of you works part-time.
For more info about maternity leave and statutory maternity pay try calling ACAS on 08457 47 47 47.