There are now 6 basic rights relating to maternity. The basics are:-

  • not to be dismissed on grounds of pregnancy or childbirth
  • a right to maternity leave for all employees
  • a right for a mother to return to work after extended maternity leave
  • a right to maternity pay
  • right to alternative work or payment during suspension on grounds of maternity
  • time-off for ante-natal care

These rights are quite extensive and compliance can be very difficult and disruptive to employers. The law therefore places a heavy burden on the employee to comply with strict procedures and timetables.  

Not to be dismissed on grounds of pregnancy or childbirthAll employees, regardless of how long they have worked for their employer, are entitled not to be dismissed simply because they are pregnant, or have given birth. In fact any such dismissal is automatically unfair. 

A right to maternity leave for all employeesAll employees, regardless of how long they have worked for their employer, are now entitled to up to 26 weeks maternity leave (increased from 18 weeks for those whose expected week of childbirth falls on or after 6 April 2003). During this period the woman's contract of employment is considered to continue, even though she is not physically at work. 

Women can take another 26 weeks of additional maternity leave, if they meet certain eligibility criteria. They must have completed 26 weeks continuous service with their employer by the beginning of the 14th week before their expected week of childbirth.

Additional maternity leave is usually unpaid, but some companies will contribute.

[NB -  Two weeks paid paternity leave has been introduced for the first time for fathers of babies due on or after 6 April 2003. Fathers will get a minimum of £100 a week, or 90% of their average weekly earnings if this is less, for two weeks, known as Statutory Paternity Pay (SPP). It can be taken from the date of birth or up to eight weeks from the birth. To qualify, the man must have worked for his employer for 26 weeks by the 15th week before the baby is due and earn more than the Lower Earnings Limit (currently £75). He must notify his employer of the date he wants to start paternity leave in the 15th week before the baby is due.]

It is for the employee to decide when she wants to take her maternity leave, but she cannot start her leave earlier than the eleventh week before the expected week of  childbirth, and her maternity leave is automatically triggered by any day on which she is off from work because of the pregnancy or childbirth, after the beginning of the sixth week before the expected week of childbirth. 

The right is conditional upon the employee complying with a complex set of notice requirements. She must give the employer at least 28 days notice of the date on which she intends her maternity leave to start (unless this is not reasonably practicable, for example she goes into labour prematurely). She must also inform her employer in writing at least 28 days before her maternity leave period starts that she is pregnant, and give them the expected week of childbirth. An employer can insist upon a doctor's certificate to confirm the information provided.

Provided the employee complies with the rules she can return to work at the end of her 26 weeks leave. She can return earlier if she wishes, but will need to give her employer seven days notice of her intention to do so.

A right for a mother to return to work after maternity absenceWhereas all employees have a right to return to work after their 18 weeks' maternity leave, only those who have worked for at least one year (decreased from two years for those whose expected week of childbirth falls on or after 30 April 2000) for their employer at the beginning of the 11th week before the expected week of childbirth, qualify to extend their absence up until the end of the 29th week after the actual date of childbirth, and still be entitled to return to work.

The employee must have satisfied all of the requirements for maternity leave, and must also have included with that information confirmation that she intends to exercise her right to return to work. She should do this even if she does not think it likely, as if she fails to notify them of this intention before she leaves she will lose her right to return. An employer can require further confirmation from an employee that she intends to return. This request cannot be made earlier than three weeks before the end of the maternity leave period, and must be replied to within 14 days.

Finally when the employee wishes to return she must give her employer at least 21 days' notice in writing of the date on which she expects to return to work. The employer can postpone this date for up to four weeks, provided they give the reasons for doing so, and the date on which they want they employee to return.

The employee is entitled to return to the job in which she was employed before she left on maternity absence, and on terms and conditions not less favourable than those she would have been on if she had not been away. 

A right to maternity payStatutory Maternity Pay (SMP) was introduced in 1987. To qualify the employee needs to satisfy the following conditions:-

  • she must have been earning more than the lower limit for making NI contributions
  • she must have been continuously employed with her employer for a minimum period of 26 weeks ending with the 15th week before the expected date of birth
  • she must give the employer medical evidence of the expected date of birth, and give them at least three weeks' notice of her intention to be absent from work
  • she must have reached the 11th week before the expected week of birth, or have recently given birth
  • she must have stopped work

If she can satisfy all these conditions then she will qualify for SMP at the higher rate (9/10ths of her normal week's pay) for six weeks, and then at the lower rate (fixed by the Government - currently £100.00pw (April 2003)) , or 9/10ths of average weekly earnings if this is leass, for the remainder of the maternity pay period (up to a total of 20 weeks in all).

If an employee does not qualify for SMP she may claim the state maternity allowance.

A right to alternative work or payment during suspension on grounds of maternityAn employer is required to suspend an employee where she is a woman of child-bearing age and her work is of a kind which could endanger the health and safety of new or expectant mother, or that of her baby; or where the employee is a new or expectant mother who works nights, who has a doctor's certificate confirming that she should not be at work for any period during the night. 

Before being suspended from work on grounds of maternity an employee has the right to be offered alternative employment. If this is available, but not offered then the employee can complain to an Employment Tribunal.

In addition an employee who is suspended on maternity grounds is entitled to be paid her normal pay during the suspension, unless she unreasonably refuses suitable alternative employment.

Time-off for ante-natal careA pregnant employee has a right not to be unreasonably refused paid time off work to attend ante-natal care recommended by a doctor, midwife or health visitor.