If you are a mother who is an employee, you have the statutory right to a minimum amount of maternity leave. Your employer may also offer their own maternity leave scheme. Statutory maternity leave is for 52 weeks. You may be entitled to receive Statutory Maternity Pay for up to 39 weeks of the leave.As an 'employee' you have the right to 26 weeks of 'Ordinary Maternity Leave' and 26 weeks 'Additional Maternity Leave' - making one year in total. Provided you meet certain notification requirements, you can take this no matter how long you've been with your employer, how many hours you work or how much you're paid. You continue to be an employee throughout your ordinary and additional maternity leave.
Telling your employer that you want to take maternity leave
Tell your employer at least 15 weeks before the beginning of the week your baby's due. If this isn't possible (eg because you didn't realise you were pregnant), tell them as soon as possible. You need to say:
- you're pregnant
- when the baby's due
- when you want to start your maternity leave (you can change the date later, if you give 28 days' notice)
Your employer might ask for notice in writing. They may also ask for a copy of Form MAT B1, the maternity certificate, which says when the baby's due. Your doctor or midwife will give you a copy of the MAT B1 form after you've been pregnant for 21 weeks, they cannot give this to you any earlier.
Once you've told your employer that you want to take maternity leave, they should write to you within 28 days, telling you the date when your leave will end.
Taking your maternity leave
When you can start your leave
You can start your leave any time from 11 weeks before the beginning of the week when your baby's due. If you're off work because of your pregnancy in the four weeks before the expected birth date, your employer can make you start your maternity leave.
Do you have to take all of your leave?
You needn't take all of your maternity leave, but you must take two weeks (or four weeks if you work in a factory) of 'compulsory maternity leave' after your baby's born.
What happens if you lose your baby?
Provided you meet all the other conditions, you can still take maternity leave if your child is:
- stillborn after 24 weeks of pregnancy
- born alive at any point of the pregnancy
If you're treated unfairly
If you're treated less favourably because of your pregnancy or for taking maternity leave, it may amount to unlawful sex discrimination.
During your maternity leave
Your terms and conditions during maternity leave
While you're on ordinary maternity leave, you keep your normal employment rights and benefits (apart from wages). This might include any access to a company car or mobile phone that you have as part of your employment contract. If you take additional maternity leave, some contractual rights and benefits (eg company car) can be suspended, although your statutory rights continue.
However, if your baby is due on or after 5 October 2008, you keep your normal employment rights and benefits (apart from wages) throughout your ordinary and additional maternity leave.
What happens to your pension contributions when you're on maternity leave?
If your employer contributes to an occupational pension scheme they must carry on making their usual contributions for the whole time you are on ordinary maternity leave and additional maternity leave, or for any time you are receiving any Statutory Maternity Pay or contractual maternity pay. If you normally make contributions to your pension you should carry on doing so, based on the amount of maternity pay that you are getting.
What happens to your holiday entitlement when you're on maternity leave?
You'll still build up all your entitlements to paid holiday during ordinary maternity leave. However, unless your contract says differently, you'll accrue only the statutory minimum (4.8 weeks or 24 days for those working full-time) holiday entitlement during additional maternity leave.
If your baby is due on or after 5 October 2008 you will build up all your entitlements to paid holiday throughout your ordinary and additional maternity leave.
You can add holiday to the beginning or end of your leave. You may not be able to carry over untaken holiday entitlement if your maternity leave goes over two holiday years, so it's often best to take this at the beginning of your leave.
The basics of maternity pay
The maternity pay benefits you might get will vary depending on your circumstances. Usually you will claim either:
- statutory or contractual maternity pay from your employer
- or Maternity Allowance through Jobcentre Plus or a Jobs and Benefits office in Northern Ireland
There are also a number of other benefits which you may be entitled to.
You can get personalised help on what you qualify for by using the Tailored Interactive Guidance on Employment Rights (TIGER) tool.
Information obtained from http://www.direct.gov.uk
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