Maternity leave
Knowing your rights when you become pregnant is crucial for looking after yourself, your baby and both of your futures. It can be a bit of a maze of information, but this guide should get you started.
Knowing your rights when you become pregnant is crucial for looking after yourself, your baby and both of your futures. It can be a bit of a maze of information, but this guide should get you started.
"If your employer does not meet their obligations, you can make a claim."
If you're an employee you have the right to take up to 52 weeks' maternity leave when you're pregnant and have a baby. The first 26 weeks is known as Ordinary Maternity Leave (OML); the second 26 weeks is known as Additional Maternity Leave (AML). Legally, you must take at least two weeks immediately after the baby is born (four weeks if you work in a factory) – this is known as Compulsory Maternity Leave (CML). Find out if you're eligible – if you're not, you may be entitled to Maternity Allowance.
You're entitled to receive 90% of your salary for the first six weeks of your maternity leave, followed by a maximum of £123.06 per week for another 33 weeks. This is known as Statutory Maternity Pay (SMP). Some employers may offer enhanced maternity pay, so talk to your manager or HR department to find out what you're entitled to.
You must give your employer the following information, preferably in writing, by the end of the 15th week before your baby is due:
You might need to produce a medical certificate (MATB1), showing when your baby is due, which you can get from your midwife or doctor.
Once your employer has received your notice that you want to take maternity leave, they must write to you within 28 days and tell you the date you're expected to return to work.
You can start at any time in, or after, the 11th week before your baby is due. Your maternity leave will start automatically if you're off work for any reason to do with your pregnancy from the fourth week before your due date.
You're allowed to work for up to 10 days during your maternity leave without it affecting your maternity pay. These are called 'Keeping in Touch Days', and you will be paid your usual salary for these days. However, these are voluntary: you do not have to attend, nor does your employer have to offer them.
You have the right to return to your original job after your 26 weeks' OML – or even before if you wish to return sooner, but you must give your employer eight weeks' notice of your new return date. After AML you should be offered your old job back, but if that's not practical you must be offered a job that is suitable for you, on the same terms and conditions as before.
If your employer does not meet their obligations, you can make a claim for unfair dismissal, or sex discrimination. For advice, contact your local Citizens Advice Bureau.
If you decide that you don't want to return to work after your maternity leave, you're required to give the period of notice as set out in your contract. Your maternity leave and employment protection continues until the day you give as your final day of employment.
You have no automatic right to return to work part-time after maternity leave. However, you have the right to ask for flexible working, and this request must be considered seriously by your employer. If they do not consider it seriously, this could be classed as sex discrimination.