Maternity Rights

The employment rights of women during their pregnancy and maternity leave are robustly protected, from the moment they announce their pregnancy through to their return to work. Despite this, women of child bearing age are not always treated fairly by their employer - you should be aware of your maternity rights and how to enforce them.

Maternity leave

Regardless of how long you have worked for your employer, if you are pregnant you are entitled to take up to 12 months maternity leave. You must notify your employer that you are pregnant and intend to start your maternity leave by the end of the 15th week before you are due (the ‘qualifying week’).   You should also be aware that maternity leave is compulsory for two weeks after the birth.

If you have recently adopted a child, you will be entitled to adoption leave on the same terms.

Maternity pay

Not all employees qualify for maternity pay; you need to have worked for your employer for six months before the ‘qualifying week’. Statutory maternity pay is payable for a maximum of 39 weeks. For the first six weeks it is paid at 90% of the weekly wage, after which it reduces to the statutory rate. Your employer may operate a contractual scheme for maternity rights.

If you work during your maternity leave, you will usually lose your maternity pay. However, you can work up to 10 days for your employer during your maternity leave without losing your maternity pay. These are known as ‘keeping in touch’ days.

If your employer is making it difficult for you to take maternity leave or receive maternity pay, or you have suffered a detriment because you have exercised your maternity rights, we can assist you.

Rights during pregnancy

You are entitled to paid time-off for ante-natal appointments. Your employer must not treat you less favourably if you have a pregnancy-related illness and should disregard from your absence record sickness absence due to pregnancy. If you are treated less favourably than other employees because of your pregnancy, this may be discrimination.

Maternity rights may raise issues of unfair dismissal. If you are dismissed because you are pregnant, your dismissal will be unfair even if you do not have one year of service. If you have been dismissed, and you think this was linked to your pregnancy, we can advise you on any potential unfair dismissal claim.

Return to work after maternity leave

It is of course helpful to keep your employer informed of your plans to return to work, although you cannot be required to do so. If you return to work within six months, you must be allowed to return to the job you did before maternity leave. This should also happen if you return after six months, unless it is not reasonably practicable to do so.

If you are put at risk of redundancy whilst on maternity leave, maternity rights dictate that you should be put at the ‘front of the queue’ for suitable alternative vacancies within the company, even ahead of employees who might be more qualified for those roles.

Please contact us for advice if you are having problems with returning to work or have been, or are threatened to be, made redundant whilst on maternity leave.