 Pregnancy
and maternity rights
Confused about your rights and entitlements? We teamed up with
the Maternity Alliance to provide answers to your worries about working
before the birth.
Do I have to tell my employer that I am pregnant?
It is up to you to decide when you want to tell your employer that you
are pregnant. Legally, you do not have to tell them until you give notice
for maternity leave and pay in the 15th week before your baby is due.
However, you will need to tell them in order to benefit from other rights
you are entitled to, such as paid time off for antenatal care and health
and safety protection.
If you go for a job interview, you do not have to tell the employer that
you are pregnant. It would be sex discrimination to refuse to employ a
woman because of pregnancy.
Note that you will not receive SMP (Statutory Maternity Pay) if you change
jobs during pregnancy, but you may get Maternity Allowance (MA) instead.
How much maternity leave can I take?
Ordinary Maternity Leave (OML) lasts for 26 weeks. It doesn't matter
how many hours you work, or how long you have worked for your employer;
all employees are entitled to OML from day one.
Additional Maternity Leave (AML) lasts for 26 weeks and starts at the
end of Ordinary Maternity Leave. You are entitled to take additional maternity
leave if you have worked for your employer for 26 weeks by the 15th week
before your baby is due.
When can I start maternity leave?
It is up to you to decide when you want to start your leave. You can
start your leave up to 11 weeks before your baby is due or you can work
right up to your due date if you wish. Your employer can only 'trigger'
your leave if you are off sick with a pregnancy-related illness in the
last four weeks of your pregnancy.
Do I have to give notice to take maternity
leave?
Yes, you must give notice to your employer in or before the 15th week
your baby is due. Tell them:
- that you are pregnant
- the expected week of childbirth
- the date on which you intend to start your ordinary maternity leave
If this is not possible, then give notice to them as soon as you can.
If you are entitled to Additional Maternity Leave, your employer should
assume that you will be taking it. Therefore, if you do not wish to take
AMT, or you want to return to work before the end of it, you should give
28 days' notice that you are returning to work early.
What happens if I say I want to return to work and
I change my mind?
You do not have to tell your employer when you will be returning to work.
Your employer should assume that you are going to take the maternity leave
you are entitled to. Many women find it impossible to know before the
birth how they will feel afterwards, so it is always a good idea to say
you are coming back in order to keep your options open. If you decide
later not to return, you can resign from your job in the normal way, giving
the notice period required by your employer.
Am I entitled to Statutory Maternity Pay?
Statutory Maternity Pay (SMP) is maternity pay lasting 26 weeks. For
the first six weeks, you receive 90% of your average pay. After that,
you receive a 'basic rate' for 20 weeks, which is £106 per week from April
2005(or 90% of your average earnings if that is less). The government
has announced that it will be increasing the flat rate of maternity pay
to 39 weeks from April 2007.
You will be entitled to SMP if:
- you have been employed by your present employer for at least 26 weeks
by the end of your 'qualifying week' (the 15th week before your baby
is due)
- you are still employed in the 15th week before your baby is due -
even if you are off sick or only work part of the week
- you actually receive at least £82 per week (from April 2005) before
tax on average in the eight weeks (if you are paid weekly) or two months
(if you are paid monthly) before the end of your qualifying week.
To claim SMP you must give your employer 28 days' notice and give them
your MATB1 maternity certificate which your midwife will give you when
you are about 20 weeks pregnant.
Do I have to repay my maternity pay if I decide not
to return to work?
No, all of the Statutory Maternity Pay is yours to keep, whether you
go back or not. This is paid for 6 weeks at 90% of your salary and 20
weeks at £102.80 per week until April 2005, rising to £106 per week from
April 2005. Your employer gets most of it back from the government anyway.
If your employer pays contractual maternity pay, such as full pay, any
additional maternity pay over and above the Statutory Maternity Pay would
only have to be repaid if that was agreed in advance or was stated in
your contract. You NEVER have to repay the Statutory Maternity Pay.
I do not qualify for Statutory Maternity
Pay. Can I claim anything else?
You may be entitled to Maternity Allowance. This is a benefit for women
who have changed jobs during pregnancy and/or are self-employed or have
had periods of low earnings or unemployment during their pregnancy. Maternity
Allowance lasts for 26 weeks. It is £102.80 (April 2004-5), rising o £106
(from April 2005) per week for 26 weeks, or 90% of your average earnings
if that is less.
You can get Maternity Allowance if:
- you have worked for 26 weeks during the 66 weeks before your baby
is due
- you can find 13 weeks in which you earned over £30 a week.
To claim Maternity Allowance, ask your local Jobcentre Plus for form
MA1.
I am self-employed. What are my rights?
You may be entitled to Maternity Allowance if:
- you have worked (including self-employment) for 26 weeks during the
66 weeks before your baby is due
- you can find 13 weeks in which you earned over £30 a week or paid
Class 2 (self-employed) National Insurance contributions or held a certificate
of small earnings exception.
To claim Maternity Allowance, ask your local Jobcentre Plus for form
MA1.
We will be on a low income once I start my maternity
leave. Are there any benefits we can claim?
Nine out of ten families with children are entitled to Child Tax Credit.
Families on a low income can also get Working Tax Credit. For an application
form, telephone the Tax Credit Helpline on 0845 300 3900. If you are getting
income support, Job Seeker's Allowance or Child Tax Credit, of at least
the family element of £10.45 per week, you may be entitled to the Sure
Start Maternity Grant of £500. Ask your local JobCentre Plus for form
SF100 to apply.
Where to next?
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