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Work and pregnancy

Many women are so excited by the news of their pregnancy that they tell their partner and close friends straight away. But when should you tell your boss?

You may decide to wait until you have passed the 12-week milestone and the pregnancy is established before making it public. Or you may be concerned that the news might affect your prospects, and decide to wait even longer until you have made your mind up about whether to return to work after the baby is born.

Unfortunately, the months when you want to keep the news to yourself can be the very same months when you are feeling sick and tired, and would welcome some help and support. Once you have announced your pregnancy you may be able to adjust your workload slightly, especially if your job involves standing, lifting, or carrying.

You can reduce tiredness and stress by:

Eating well and eating healthily (Eating for Two

)

Trying to put your feet up for half an hour at lunchtime
Changing your hours so that you travel out of the rush hour
Juggling to do some work from home
Trying a job swap if your current position involves standing or lifting

What are my rights now that I am pregnant?

Antenatal Care

Pregnant women have the right to what is termed as ‘reasonable’ amounts of time off to attend antenatal appointments and to be paid for this time off. Your employer may ask for written confirmation that you are pregnant and proof of your appointments. You will be able to get an appointment card from your midwife or GP at your first antenatal appointment.

Antenatal care may include relaxation or parentcraft classes if your midwife, GP or health visitor advises that these appointments should be part of your antenatal care.

Health and Safety

All pregnant women are entitled to special health and safety protection at work to ensure that their working conditions do not put them, or their baby, at risk. These rights continue to apply if you have given birth within the last six months, or are breastfeeding. If you have any concerns about your working conditions you must tell your employer that you are pregnant and ask for a risk assessment. Your employer has a duty to carry out a risk assessment and, if necessary, must take the following steps:

Do all that is reasonable to remove or reduce the risks found and/or
Temporarily change your working conditions or hours of work
If a risk remains offer you suitable alternative work, or
If there is no suitable alternative, suspend you on full pay for as long as is necessary to avoid the risk.

To find out more, you should contact your trade union, your personnel/human resources officer or your local Health and Safety Executive.

The Maternity Alliance (More useful information) also produces a useful leaflet called Health and Safety at Work: Your Rights in Pregnancy and After Childbirt.

Dismissal or unfair treatment

It is against the law for your employer to dismiss you or select you for redundancy for any reason connected with pregnancy, childbirth or maternity leave. This applies from day one of your pregnancy. You are protected no matter how long you have worked for your employer. If you feel that you are being treated unfairly, you should seek advice from your trade union or local Citizens Advice Bureau.

When to tell your boss

It is up to you when to tell your employer that your are pregnant. However, if:

You work in a job that may put you or your baby at risk, or
You intend to start maternity leave in the next 21 days

you should tell your boss immediately.

Many women choose to wait until they have had their first scan at around 12 to 14 weeks before announcing their pregnancy, but if you suffer from morning sickness or other pregnancy related conditions, such as extreme tiredness, that will require you to take time off work, it is wise to let your employer know that your are pregnant so that your absence can be logged as pregnancy related.

What are my rights now that I am a parent?

As a new parent you are entitled to special health and safety protection at work, and protection against dismissal or unfair treatment, (What are my rights now that I am pregnant?. In addition, you also qualify for the following:

Maternity leave

There are two types of maternity leave, ordinary maternity leave and additional maternity leave.

Ordinary maternity leave

All pregnant employees are currently entitled to 18 weeks maternity leave, as long as you give your employer at least 21 days notice of when you intend to start your leave. At the end of the 18 weeks you are entitled to return to exactly the same job as before you left. You do not have to give any notice of return to work if you are returning at the end of 18 weeks but, if you want to return early, you need to give at least 21 days notice. You must, however, take at least two weeks off work after the birth of your baby (four weeks if you work in a factory).

Maternity leave can be taken any time from 11 weeks before the date your baby is due. Many women prefer to work for as long as possible so they have more time at home once the baby is born. It is up to you to decide when you want to start your leave and you can work up to the birth if you choose. But, if you are away from work as a result of a pregnancy related illness in the last six weeks of your pregnancy, (four weeks from April 2003), your employer is entitled to start your leave immediately.

Some companies offer more generous maternity conditions than the statutory minimum. You should talk to your human resources department or union representative, who will be able to give you up-to-date information on the schemes in operation in your organisation as well as the rights and benefits that are available to you. From April 2003, the amount of time off that can be taken under ordinary maternity leave will be extended to 26 weeks. Women will also be obliged to inform their employers of when they intend to start their maternity leave by the end of the 15th week before the expected week of childbirth.

Additional maternity leave

If you have been continuously employed by the same employer for one year and 11 weeks by the time your baby is due, you are currently entitled to additional maternity leave of 29 weeks from the start of the week your baby is born, in addition to ordinary maternity leave. You can, therefore, take up to 40 weeks maternity leave.

From April 2003 an employee who has at least 26 weeks' service 15 weeks before her expected date of childbirth will be entitled to additional maternity leave, which is a clear improvement on the current situation. In addition, the amount of time off that can be taken under additional maternity leave will change to 26 weeks, which means that new mothers can take up to 52 weeks maternity leave.

Returning to work

If you qualify for additional maternity leave your employer has the right to write to you, no earlier than 21 days before the end of end of your ordinary maternity leave, to ask whether you intend to return to work. You must respond to this request within 21 days of receiving the letter. If you do not your employer may take disciplinary action against you. From April 2003 employers will no longer be able to do this.

If you are unsure as to whether you will be returning to work at this stage it is best to say that you will be returning. You can always change your mind later. If you decide that you don't want to return to work, you should resign and give your employer the notice required in your contract.

On your return from additional maternity leave, you are entitled to return to the same job unless your employer can show that it is not reasonably practicable for you to return to your old job. In this case they must offer you a suitable alternative job on similar terms and conditions. Remember that if you decide to return to work before the additional maternity leave period is up, you must give your employer at least 21 days’ notice of your intention to do so.

Returning to work part time

Many women would like to return to work part-time after having a baby. There is no statutory entitlement to return to work part-time – you are entitled to return to your old job, or, in the case of additional maternity leave, suitable alternative employment.

If your employer cannot justify the decision that the job must be filled full-time, you may be entitled to claim indirect sex discrimination. Speak to your trade union for advice.

From April 2003, parents with children under the age of six will have the right to have their requests for flexible working considered seriously by their employers. The Employment Act 2002 outlines the process that must be followed and the time scale by which the request must be dealt with. However, it does not offer a statutory right to flexible working.

Paternity leave

At the moment there is no statutory entitlement to paternity leave as such, although many companies do offer new fathers two or three days paid paternity leave around the time of the birth of their baby.

This will change in April 2003, when a right to two weeks paid paternity leave will come into effect. In the meantime, new fathers can take unpaid time off work around the birth of their baby under time off for dependants legislation, as long as they give the required notice (see Time off for Dependants

Fathers can also take unpaid time off work as parental leave ( see Parental Leave.

Taking parental leave after maternity leave

You can take parental leave at the end of either ordinary or additional maternity leave.

If you take parental leave for four weeks or less you have the right to return to the same job as before. This does not apply, however, if you take more than four weeks, or if this leave is at the end of additional maternity leave. In these cases you have the right to go back to the same job, except where the employer can show that this would not be reasonably practicable. In that case, you are entitled to another job which is both suitable and appropriate for you.

More useful information

www.maternityalliance.org.uk

The Maternity Alliance is an independent national charity which works to improve rights and services for all pregnant women, new mothers and their families.

They also provide 24-hour recorded information on maternity rights and benefits and parental leave. Tel: 020 7588 8582.

Produced by the Department for Trade and Industry, this site provides tailored interactive guidance on employment (including maternity) rights for employees.