The basic statutory rights
- Time off for antenatal care
- Protection against unfair treatment or dismissal
- Maternity pay (conditional)
- Maternity leave
- Remuneration on suspension
Time off for antenatal care
A pregnant employee must be given reasonable paid time off work to attend previously notified antenatal appointments, which may include such things as parent craft and relaxation classes and medical examinations. There is no minimum service requirement for this right.
Protection against unfair treatment or dismissal
It is automatically unfair for an employer to dismiss, or refuse to offer the old job back, or discriminate against an employee for maternity related reasons. The employee has a right to a written statement of the reasons for the dismissal. There is no minimum service requirement for these rights.
Statutory maternity pay
To receive SMP an employee must have been employed continuously for 26 weeks ending 15 weeks before the expected date of birth, have started maternity leave (conditions apply) and have an average earnings for the eight weeks ending 15 weeks before expected birth date of at least the current National Insurance contributions lower limit.
An employee is not entitled to Maternity pay or leave if they are not pregnant 16 weeks before the expected date of birth, e.g. a miscarriage.
The first six weeks of SMP is calculated at 90% of the employees average wages for the eight weeks prior to 15 weeks before the expected date of birth. The following thirty three weeks are paid at the lower of either the rate fixed in the budget each year or 90% of the average wage. SMP can be paid from the 11th week before the expected birth date and is calculated on a daily basis from the date that maternity leave starts.
All payments made through the leave period are subject to tax and NI deductions and are not conditional on an intention to return to work after the leave period. The employee is entitled to ten days 'Keeping In Touch' days (KIT) where they can return to work without the SMP being stopped for the week, however, the payments are stopped for any weeks the employee works in once all the KIT days have been taken.
Employers who collect less than £45,000 of National Insurance contributions over a year may claim back all SMP paid plus an additional 4.5% in compensation, otherwise, generally, only 92% of the amount may be claimed back.
Maternity leave
Ordinary maternity leave can be started from the 11th week prior to birth after notice has been given before or during the 15th week before the expected date of birth, a MAT B1 form, or suitable substitute, will be required as proof of the expected birth date. All employees are entitled to 39 weeks maternity leave. Depending up on the length of service, a further period of 13 weeks unpaid leave may be taken, this is called additional maternity leave.
During both types of leave the contract of employment continues, with full terms and conditions throughout the ordinary leave, except pay, and a reduced number through the additional leave period. All holiday entitlement will continue to accrue throughout the entire leave period but holiday payments can't be made as it would be a return to work.
If due to a pregnancy related illness and after four weeks before birth the employee is absent the maternity leave period starts immediately.
No notice of return to work is required at the end of either type of maternity leave, however, 28 days written notice must be given if the employee intends to return early.
Failure to give the required notice of starting or ending maternity leave may be classed as a disciplinary matter.
On returning to work after ordinary leave the employee is entitled to return to the same job as if they had not been absent. After taking additional leave the employee is entitled to return to the same job or suitable alternative work if the original job is not available. Should the employee require less hours on return the employer must make every effort to accommodate the request and have a sound business reason for rejecting the request.
Maternity suspension on health and safety grounds
A employer may suspend an employee, on full pay, if after taking all reasonably practicable measures a health and safety issue prevents a person working due to maternity reasons.
Contractual maternity entitlements
The contract of employment may contain enhanced benefits, which must be met, but can't reduce the statutory benefits.
Parental leave
The law allows for both the mother and father, or adopted parents, to each take 13 weeks unpaid leave to care for children under the age of five, or first five years of adoption, or 18 weeks up to 18 years old if the child is disabled. An employer is free to make enquiries of a previous employer as to how many weeks have been taken. It can be classed as a disciplinary matter if the employee dishonestly claims parental leave.
Notice of 21 days must be given, however, the employer can postpone the leave for up to six months when it would unduly disrupt business (except immediately after childbirth). The employee does not lose any employment status or rights whilst on or as a result of taking parental leave. Contract of Employment terms and conditions may enhance these rights but can't reduce them.
For more information click the Parental leave link on 'Related pages.
Time off for dependants
This should not be confused with parental leave. Time off should be given to cover family emergencies or a family crisis. The emphasis being on family or dependants and emergency or crisis. It is not intended to cover long periods of time but to give the employee time to cope with and make any arrangements that would enable them to return to work, generally one or two days maximum.
