Maternity rights at work

Maternity rights protect your employment rights when you are pregnant at work, and during and on your return from maternity leave.

If your employer does not allow you your maternity rights or you feel you have been treated unfairly, seek advice because you may be able to make a claim to an Employment Tribunal.

Contractual maternity rights

Your contract might give you more favourable maternity rights than the statutory minimum described here, but must not be less favourable.

During Ordinary Maternity Leave

you keep all your contractual rights, apart from the right to normal pay. You continue to build up your holiday entitlement and carrying-over arrangements still apply. Your employer must continue to pay full pension contributions as though you were at work receiving your normal pay, whether or not you receive maternity pay.

Other contractual benefits that may continue include personal use of a company car, luncheon vouchers, club membership, health insurance and other benefits in kind, if your employer decides to allow them.

During Additional Maternity Leave

many of your contractual terms and conditions will be suspended, for example, additional contractual annual holiday entitlement, although statutory holiday continues .

Ordinary employment protection rights during pregnancy and maternity leave

Your ordinary statutory employment rights are maintained. You continue to be employed and you and your employer still have mutual duties of trust and confidence, and normal disciplinary and grievance procedures apply.

Statutory maternity rights

Statutory rights are the legal minimum that you will be entitled to when you are pregnant or on maternity leave.

Sickness during pregnancy and maternity leave

Pregnancy-related sickness should not be recorded as part of your overall sickness record or used to discipline you, or to select you for redundancy. This would be discriminatory.

Your employer can trigger the start of your maternity leave and pay if you are off sick with a pregnancy-related illness within the last four weeks before the week in which your baby is due. Any pregnancy-related sickness before that will be normal sick leave and you will be entitled to sick pay in the usual way.

You cannot get Statutory Sick Pay (SSP) for 26 weeks starting with the first day of your entitlement to Statutory Maternity Pay (SMP) or Maternity Allowance (MA).

If you are not entitled to SMP or MA, you cannot get SSP for 18 weeks from either:

the Sunday of the week your baby is born; or
the Sunday of the week you are absent from work for a pregnancy-related illness on or after the start of the 4th week before your baby is due.

Redundancy during pregnancy or maternity leave

If you believe that your selection for redundancy may be connected with your pregnancy or maternity leave, you should ask your employer what selection criteria were used and how you were assessed against them.

Your employer should consult with you over any possible redundancy, even if you are on maternity leave, and must automatically offer you any suitable available vacancy if you are made redundant while on maternity leave.

Protection from unfair dismissal and less favourable treatment during pregnancy and maternity leave

If you are an employee and are dismissed or made redundant, or unfairly treated, for a reason connected with your pregnancy or maternity leave, or because you have given birth, this will automatically be unfair dismissal and you will be entitled to receive a written statement of the reasons from your employer.

This right applies from day one of employment, regardless of how many hours you work or whether you have a permanent or temporary contract.

If you have been dismissed or unfairly treated because you are pregnant or have had a baby you will probably also have a sex discrimination claim.

If you have been employed for a year, you may also have a claim for ordinary unfair dismissal.

Maternity leave

Ordinary Maternity Leave (OML)

You will be entitled to take 26 weeks’ OML no matter how long you have been in your job or the amount of hours you work.

You can choose when to start your OML The earliest it can start is 11 weeks before your expected week of childbirth (EWC): find the Sunday before your baby is due (or the due date if it is a Sunday) and count back 11 Sundays from there.

If you have a pregnancy-related illness/absence in the last four weeks of your pregnancy, or if you give birth before you have started your OML, this will automatically trigger the start of your maternity leave.

You can work right up until the date the baby is born unless you are away from work due to a pregnancy-related illness/absence in the last four weeks of your pregnancy.

There is a two-week compulsory maternity leave period after the birth (compulsory four weeks if you work in a factory).

Additional Maternity Leave (AML)

AML is a further period of 26 weeks leave following on from the end of OML making up to 52 weeks maternity leave altogether. You must have been in your job for at least 26 weeks at the beginning of the 14th week before your baby is due (see OML for how to count back). Generally, to qualify for AML you must have started your job before you got pregnant.

If you are entitled to AML, your employer should assume that you will be taking it.

Notice for starting maternity leave

You must give your employer notice in or before the 15th week (‘notification week’) before your EWC or as soon as you reasonably can, in writing if requested, with the following information:

that you are pregnant;
your expected week of childbirth, as on your MATB1; and
the date on which you intend to start your maternity leave.
You can change the planned start date if you give at least 28 days notice of the new date or before the old date, whichever is the earlier, or as soon as you reasonably can.
Your employer must then confirm in writing, within 28 days, the date you are expected to return to work – either the day after the end of your OML, or if you are entitled to AML, the day after the end of your AML.

Stillbirths and miscarriages

Miscarriages

A miscarriage is where your baby is born dead before the end of the 24th week of pregnancy. You do not have the right to maternity leave and pay.

You should take sick leave if you need it, and your employer should pay you either SSP (if you qualify) or contractual sick pay if your employer normally pays this. Check your contract to see if your employer offers compassionate or bereavement leave.

Sick leave related to pregnancy or miscarriage should be recorded separately.

Stillbirths

A stillbirth is where your baby is born dead after the 24th week of pregnancy. The hospital provides a certificate of stillbirth. You have exactly the same rights to maternity leave as if your baby had been born alive.

If you are already on maternity leave you do not have to do anything. If your baby is stillborn before you have started maternity leave, tell your employer as soon as you can, in writing if they request it, that you have given birth.

Live births

If your baby is born alive but dies soon after, even an instant later, that will be classified as a live birth even if it was before the 24th week of pregnancy. Following a live birth you are entitled to maternity leave and any maternity pay you are due.

Right to return to work at the end of maternity leave

You do not need to give your employer notice that you intend to return to work.

After oml

you have the right to return to exactly the same job.

After AML

your employer must give you the same job back unless this is not reasonably practical, for example, if your job has changed due to organisational restructuring. In this case, you are entitled to return to a job that is suitable and appropriate for you, and not substantially less favourable. If there is no alternative job available and you are genuinely redundant you may be entitled to redundancy pay.

If there are five or fewer employees where you work, losing your job may not be an automatically unfair dismissal but you should get expert advice.

Returning to work early from maternity leave

If you do not want to take all of your OML, or all or any of your AML, and want to return to work before the end of your maximum period of maternity leave, you must give your employer at least 28 days’ notice.

Sickness at the end of maternity leave

If you are sick at the end of your maternity leave, you must follow the normal procedures so that you are not treated as absent without authorised leave

Health and safety for expectant and new mothers

Time off for antenatal care

As an employee, you have the right to reasonable amounts of paid time off work for antenatal care appointments with your midwife or doctor, regardless of how long you have been in your job or how many hours you work. This may include parentcraft and relaxation classes, if you are attending on the advice of your doctor or midwife, and includes travelling and waiting time.

If you tell your employer, in writing, early in your pregnancy that you are pregnant, this will enable you to ask for time off for these appointments. Your employer can ask to see a certificate from your health professional to confirm your pregnancy or to prove your appointment.

Health and safety risk assessment during pregnancy and on return to work

There is special health and safety protection for pregnant women and new mothers at work. You must tell your employer that you are pregnant in order to have this protection. If your doctor or midwife consider that there could be a risk to your or your baby’s health, ask for a letter to show your employer so that it can be taken into account.

Common risks to health

Excessive tiredness
Physical burdens
Some movements and postures
Shocks, vibration, noise
Extreme temperatures
Various chemicals and gases

Risk assessment procedure

Once you have notified your employer in writing of your pregnancy, they must carry out a specific risk assessment for you. An employment tribunal may find it is automatic sex discrimination if they refuse to do this.

Your employer must take the following steps:

Carry out a ‘risk assessment’ of working conditions, physical, chemical and biological agents which could be damaging to your health or your baby’s health.
Take measures to remove the risk or prevent your exposure to it.
Tell all employees about any risks discovered and what action they have taken to deal with them.
Change your working conditions or working hours temporarily where a risk cannot be removed, if this is reasonable and avoids the risk; (see Changing working conditions, below).
Offer you suitable alternative work on terms and conditions, including pay, that are not substantially less favourable than your original job; or
If there is no suitable alternative work, your employer must suspend you on full pay for as long as the risk continues.

Changing your working arrangements during pregnancy and on return to work

Where there are risks to your or your baby’s health while you are pregnant, or breast feeding and in the six months following the birth, changes to your working arrangements might include:

reducing the amount of lifting by using machinery, or arranging for your duties to be changed;
reducing the amount of travelling and doing more office work instead;
coming in to work later or leaving earlier to avoid the rush hours; if this is refused, seek advice about a possible claim for sex discrimination.
if you are concerned there is a risk, you should request non-VDU (e.g. computer screen) work , or take breaks away from the VDU, or switch off the VDU when not in use, and have a comfortable chair and well-designed work station; although these levels of radiation are not a risk, if you are concerened, your employer should give you opportunity to discuss this with someone knowledgeable; or
reducing your working hours (without loss of pay) if they are making you unwell; your workplace should have suitable rest facilities so that you can lie down.

You have the right to transfer from night work

to suitable alternative day work if your doctor or midwife states that you cannot work at night for health or safety reasons. If you have good reasons not to be able to work days, for example, because of childcare responsibilities, then you should seek advice on what rights you may have.

If you will be breastfeeding

when you return to work, inform your employer in writing and ask for a risk assessment to ensure there are no health and safety risks that could jeopardise your ability to breastfeed. You can ask for access to a private room, to a secure clean fridge for storing milk, or time off to express milk.

Protection against dismissal when there are health and safety risks

You cannot be dismissed because you are unable to do the same work as before, due to health and safety risks arising from pregnancy, recent birth or breastfeeding.

Always remember, if you have a problem about exercising your rights, the quickest and most effective way to resolve an issue is to speak with your employer, and to seek specialist advice before considering formal action.