Employment law expert, Susan Belgrave, at direct access barrister service myBarrister.co.uk, talks maternity rights and maternity leave for women who are confused or unsure about where they stand.

 

Susan Belgrave

The number of women in the UK workforce has been steadily growing for over 40 years. The most recent official government stats show that more than two thirds (68%) of all women aged 16-64 are now in employment, while the employment rate for men has been falling. 

In spite of this, there are still employers hesitant to take on young women for fear of them going off and having babies, and there are women reluctant to take the full amount of maternity leave they are entitled to for fear of hampering their careers. What you choose to do is a very personal decision, and not one that any woman takes lightly. So what are the rules?

Pregnant women have rights by law, known as Statutory Maternity Rights. Statutory means the very minimum that you are entitled to by law, but many women will have better rights in their contract of employment - depending on how much their employers value their female staff.

A pregnant woman’s first statutory right is time off work for antenatal care on full pay. This includes doctor’s appointments and classes too, if a healthcare professional has recommended them. However, fathers don’t get any paid time off to accompany mothers, and most employers will ask you to provide evidence of your appointment.

Pregnant women who take a lot of time off – a good example would be for morning sickness – may be treated as if they are off sick. That means they will only get paid if their contract gives them paid sick leave. If you’re sick in the four weeks before your due date, statutory maternity pay kicks in automatically.

When it comes to maternity leave, most women employees have the right to take up to a year off work. It doesn’t matter how long you’ve been with your employer, how many hours a week you work, or how much you get paid. This is made up of Ordinary Maternity Leave – the first 26 weeks – and Additional Maternity Leave, which is the last 26 weeks. Whilst you don’t have to take 52 weeks, you must take at least two weeks off work after your baby is born. Usually, the earliest you can start your leave is 11 weeks before the expected week of childbirth. To protect this right, however, it is important to give your employer proper notice of your pregnancy and inform them at least 15 weeks before your due date of your pregnancy and when you want to start your maternity leave.

Your entitlement to Statutory Maternity Pay – which only lasts for 39 weeks –depends on a number of factors. If you have worked for the same employer for 26 weeks continuously into the 15th week before your baby is due, you can claim SMP. What this essentially means is that if you started employment a week before you fell pregnant, it is your legal right to claim Statutory Maternity Pay. How much you are entitled to varies from person to person, as it will be dependent on your actual level of earnings. You need to give your employer proper notice and provide evidence of your pregnancy.

If the worst should happen, in the event of stillbirth after the start of your 24th week of pregnancy, or losing the baby after its birth, your rights to maternity leave and pay should still be protected.

If your employer refuses to allow you time off for an antenatal care appointment, maternity leave, or pay, you may complain to an employment tribunal within three months of the appointment. If you want to make a claim to an employment tribunal you should consult your union representative. If you are not a member of a union, you should consult an experienced adviser, for example, the Citizens Advice Bureau or a legal representative.

It is important to remember that your employment rights are protected during maternity leave. One of these is the right to return to your job or a suitable alternative. An employer cannot dismiss you for any reason to do with your pregnancy or maternity leave, irrespective of how long you have worked there – or it is unfair dismissal.

So if you have been working on a fixed-term contract and this is not renewed, it is imperative for you to ascertain the reasons for this. Sadly, it is through underhand methods such as this that women’s employment rights in pregnancy can be undermined. A way of ensuring this doesn’t happen to you is to make sure you are well informed of your rights, and where to go to have these supported.

Aside from your statutory rights, it is important to properly examine what your contractual rights of employment are in pregnancy, as these will often grant you greater benefits. In the event of these being violated, it is also important to make your concerns known to an experienced advisor, such as a legal representative, or a member of the Citizens Advice Bureau.

It’s also worth noting that your employer should keep you informed of anything that might affect your role when you return, and you may also be entitled to ‘keeping in touch days’. You don’t have to take them, but these allow you to work for up to 10 days during your leave without it affecting your pay. And if you decide you want to go back to work earlier, you have to give at least eight weeks’ notice.

Many women feel very vulnerable when they become pregnant but being aware of their rights in the workplace offers some reassurance – not least because they’ll know what to do if something goes wrong.

For more information, visit: myBarrister.co.uk

If you have experienced difficulties regarding maternity leave or if this advice has helped you to understand maternity rights, let us know by commenting below.

 

by for www.femalefirst.co.uk

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