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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 employers’ policies and the law.
Here are some of the most frequently asked questions:
What rights do I have as a pregnant employee?
It is unlawful for your employer to dismiss you if you are pregnant, to single you out for redundancy, or to treat you unfairly for reasons connected with your pregnancy or maternity. If this happens to you, you may be able to bring a claim of sex discrimination at an employment tribunal.
There are various entitlements to paid and unpaid leave as a result of pregnancy. Click here to find out the current allowances.
It’s sensible to find out about your company’s maternity policy as soon as possible as many give more than the basic rights.
What if my employer fails to meet these obligations?
You can complain to an employment tribunal within three months of the date of the alleged infringement of your rights.
When can I go on maternity leave?
You can normally start your leave up to 11 weeks before your baby is due. But you must give at least three weeks’ notice unless it is not “reasonably practicable” to do so. If the baby is born before the leave is due to start, it starts automatically on that date. It’s advisable to tell your employer (in writing) that you’re pregnant as soon as you know so the necessary arrangements can be made.
Can I keep my job?
Yes. You must be allowed to return to your own job unless this is genuinely impossible (such as in a redundancy situation) when you should be offered a suitable alternative.
What if I decide not to return to work?
You must give the employer the specific notice period required by your contract of employment.
What terms and conditions apply during ordinary maternity leave?
During ordinary maternity leave you are entitled to all your usual terms and conditions of employment, except for pay. This means you can receive benefits arising from your contract of employment that you would have received had you continued to work, such as pension and share option contributions.
Ordinary maternity leave also counts as continuous employment for the purposes of assessing seniority, pay rises, pensions and other personal benefits based on length of service.
What is additional maternity leave?
This refers to additional unpaid leave, which takes over at the end of ordinary maternity leave.
Are some 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, your employer must offer you any suitable work that is available under no less favourable terms and conditions. If no such work is available, your employer must suspend you on full pay for as long as necessary to protect your 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. Of course, your employer might provide better pay than SMP as part of its own maternity scheme. If your employer offers more favourable maternity entitlements than those provided by law, you can take advantage of the conditions most beneficial to you.
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