Maternity leave
If you're about to become a mum, make sure your employer treats you right.
How much maternity leave?
You have the right to take up to 52 weeks' maternity leave when you are pregnant and have a child.
The only employees who don't have this right are: female police officers and women serving in the armed forced, self-employed women, those usually employed abroad and share fisherwomen. You also aren't entitled to maternity pay if you've worked at your employer less than nine months prior to the date the baby is due. In all these cases, you may be still eligible for Maternity Allowance.
Legally, you must take at least two weeks immediately after the baby is born (four weeks if you work in a factory).
How much money?
You're entitled to receive 90% of your salary for the first six weeks of your maternity leave, followed by a maximum of £123.06 a week for another 33 weeks. This is known as Statutory Maternity Pay (SMP).
Employment rights on maternity leave
You are entitled to the same contractual rights whilst on maternity leave as you would if you were still working. So if your employer offers a discount gym membership or company car, you should continue to receive these benefits as well as your Statutory Maternity Pay.
If your baby was due before 5 October 2008, you are only entitled to these rights for the first 26 weeks of your maternity leave. However, if you baby was due after the 5 October 2008, these rights remain in place throughout your maternity leave.
Telling your employer
You must give your employer the following information, preferably in writing, by the end of the 15th week before your baby is due:
- That you're pregnant
- The date your baby is due
- The date you want your maternity leave to start
You must produce a medical certificate (MATB1), if your employer asks for one, showing when your baby is due. You can get your MATB1 from your midwife or doctor (GP).
Once your employer has received your notice that you want to take maternity leave, they must write to you within 28 days and tell you the date you're expected to return to work.
Starting maternity leave
You can choose to start maternity leave at any time in, or after, the 11th week before your baby is due. Your maternity leave will start automatically if you're off work for any reason to do with your pregnancy from the fourth week before your baby is due.
Keeping in touch
When you are on maternity leave, your employer should keep you informed of issues which may affect you. For example, you should be informed of any relevant promotion opportunities or job vacancies that arise during your maternity leave.
You are allowed to work for up to 10 days during your maternity leave without it affecting your maternity pay. These are called 'Keeping in Touch Days'. However, these are completely voluntary: you do not have to attend, nor does your employer have to offer them.
Returning to work
Women have the right to return to their old job after 26 weeks' leave. If you return you should be offered your old job back; but if that's not practical you must be offered a job that is suitable for you and appropriate in the circumstances, on the same terms and conditions as your old job.
If your employer does not meet their obligations, you can make a claim for unfair dismissal or sex discrimination. For advice on how to proceed, contact your local Citizens Advice Bureau.
If you decide you want to return to work earlier than the date your maternity leave is due to end, you must give your employer eight weeks' notice of your new date of return to work.
Quitting your job
If you decide that you do not want to return to work after your maternity leave, then you are required to give the right notice as set out in your contract (although it's often helpful to give longer).
Your maternity leave and employment protection continues until the day you give as your final day of employment.
Flexible working
You have no automatic right to return to work part time after maternity leave. However, you have the right to ask for flexible working and this request must be considered seriously by your employer. If they do not consider it seriously, this could be sex discrimination.
Other parental rights
If you're pregnant or have just had a baby, you may have other rights, including the right:
- To take time off work for ante-natal care
- To work in a safe environment
- To claim unfair dismissal if dismissed because of pregnancy
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