 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. From April 1st 2007 the government
has introduced optional keeping in touch days to enable a woman to work
for up to 10 days during her maternity leave period.
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
8 weeks 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. From April 1st 2007 the notice
a woman must give if she is changing her date of return from maternity
leave has been increased from 28 days to 8 weeks.
Am I entitled to Statutory Maternity Pay?
Statutory Maternity Pay (SMP) is maternity pay lasting 26 weeks on April
1st 2007 this will extend to 39 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 £108.85 per week from April 2005(or 90% of your average
earnings if that is less).
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 (this will change
to 8 weeks after 1st April 2007 )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, increasing to 39 weeks from 1st April 2007.
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.
Our income will be much reduced once I start my
maternity leave. Are there any benefits we can claim?
All families with children can claim Child Tax Credit if their income
is no more than £58,175 a year (up to £66,350 if you have a child under
one). You don’t have to be the child's parent to be eligible, but you
must be the main person who's responsible for them.
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.
For more guidance visit www.direct.gov.uk
Where to next?
|
