EMPLOYMENT LAW - MATERNITY RIGHTS
Maternity Rights and Employment Law
If an employee is pregnant are they entitled to have time off for antenatal care?
Yes. Women are entitled to time off to keep appointments for antenatal care which are made on the advice of a registered medical practitioner, registered midwife or registered health visitor.
Except in the case of her first appointment, the employee must be prepared to show her employer on request:
- a certificate from a registered medical practitioner, registered midwife or registered health visitor confirming she is pregnant; and
- an appointment card or some other document showing that an appointment has been made.
Antenatal care includes not only medical examinations but also other appointments, for example, relaxation classes and parent-craft classes.
Does an employee have the right to be paid for time off for antenatal care?
Yes. Women are entitled to be paid at their usual rate of pay for the time they take off to keep antenatal appointments.
Can an employee be prevented from carrying out their normal work duties whilst pregnant?
Yes. Employers have a responsibility to assess risks to the health and safety of their employees. Where they employ women of childbearing age, the employer must assess the particular risks there may be to the health and safety of new, expectant and breastfeeding mothers and their babies.
If risks that could harm new or expectant mothers, or their babies are identified, the employer must inform any women of childbearing age of the risk. The employer must also say how they intend to ensure new and expectant mothers are not exposed to risks.
If it is not possible to avoid the risk, the employer must offer the woman suitable alternative work. If there is no suitable alternative work the employer must suspend the woman for as long as the risk exists. Women on maternity suspension are entitled to receive their normal wages in full (unless they have refused an offer of suitable alternative work).
What Maternity Leave is a pregnant employee entitled to?
Subject to the notification provisions, all pregnant employees are entitled to 52 weeks maternity leave regardless of length of service, of which during the first 26 weeks statutory maternity pay is payable.
What contractual benefits is a pregnant employee entitled to during the Ordinary Maternity Leave period?
Women are entitled to the benefit of their normal terms and conditions of employment, except for terms relating to pay (unless the contract provides otherwise), throughout the 18 week ordinary maternity leave period.
Most women will be entitled to Statutory Maternity Pay or Maternity Allowance for this period.
What contractual benefits is a pregnant employee entitled to during the Additional Maternity Leave period?
During additional maternity leave, the employment contract continues and some contractual benefits and obligations remain in force, for example compensation in the event of redundancy and notice period.
When can Maternity Leave begin?
Women can start maternity leave any time from the 11th week before the baby is due, provided they give the employer at least 21 days' notice before they want to start their maternity leave of:
- their pregnancy,
- the expected week of childbirth, and
- the start date of maternity leave
The expected week of childbirth and the start date of maternity leave must be given in writing if requested by the employer.
The notice for the start of maternity leave is exactly the same whether a woman qualifies only for ordinary maternity or both ordinary maternity leave and additional maternity leave.
Does a woman have the right to returning to work before the end of her maternity leave?
A woman who wants to come back to work before the end of ordinary or additional maternity leave must give her employer 21 days' notice.
No notification is required for employees intending to return to work at the end of their maternity leave.
In the case of additional maternity leave, the employer may write to a woman no earlier than 21 days before the end of the ordinary maternity leave period to confirm her child's date of birth, and ask her whether she is still intending to return to work after her additional maternity leave. The letter must explain to the employee how she works out when her additional maternity leave period will end and that she may be penalised for failing to respond to the letter. The woman must reply within 21 days of receiving the letter. If she does not, her employer may decide to take disciplinary action against her.
An employer cannot allow a woman to return to work for 2 weeks immediately following the date of the childbirth (4 weeks if she works in a factory).
Who is entitled to parental leave and time off for dependants?
Employees who have completed one year's service with their employer, are entitled to 13 weeks' parental leave to care for their child up to 5 years from birth or adoption. Parental leave is available to both mothers and fathers.
Women who do not qualify to take additional maternity leave may still qualify to take parental leave if they have one year's qualifying service with their employer by the time they finish their ordinary maternity leave.
All employees are also entitled to take reasonable time off work to deal with an emergency or unexpected situation involving a dependant.
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