Merton Solicitors

Am I entitled to take maternity leave?

You are entitled to take maternity leave if you are an employee.

What types of maternity leave are there?

There is ordinary and additional maternity leave.

What is ordinary maternity leave?

Ordinary maternity lasts for 26 and is given to every pregnant employee as a basic minimum.  You are entitled to take ordinary maternity leave irrespective of the hours you work or how long you have worked for your employer.

What is additional maternity leave?

As suggested by the label, additional maternity leave is given in addition to ordinary maternity leave and lasts for 26 weeks.  You have a right to take additional maternity leave if you have worked in your current job for longer than 26 weeks by the time your baby is 15 weeks due.

So if you are entitled to additional leave, your total entitlement is 52 weeks.

What is compulsory maternity leave?

Compulsory leave lasts for two weeks following the birth of a child and during this period your employer will not be legally allowed to let you work.

How much notice is required to take maternity leave?

You should give your employer notice 15 weeks before your baby is due.  You should give the notice is writing stating you are pregnant, when you intend to take maternity leave and any relevant medical documentation.

I am taking maternity leave but I want to return to work.  How much notice should I give?

You should give your employer 28 days notice if you intend to return before your leave is officially up.  Bear in mind that if you do not give 28 days, your employer will be entitled to tell you to come back after 28 days or after your leave is up, whichever period is shorter.

Can I work part time during maternity leave?

You are entitled to work time so long as your employer does not have any policies in place with regards to moon lighting.  However, you should bear in mind that working part time may affect your statutory maternity pay.

How is statutory maternity pay calculated?

First you should establish whether you are entitled.  If you have been working for your employer for 26 weeks by the time your baby is 15 weeks due and your average weekly earnings are in the lower earnings band for National Insurance, you will be entitled to 39 weeks statutory pay paid by your employer.  The standard rate as of April 2010 is £124.88/week or 90% of your average weekly earnings if it is less than the standard rate.

I am not entitled to maternity pay.  Am I am entitled to maternity allowance?

You are entitled to maternity allowance where you have been employed in any form (including self-employment) for 26 weeks or longer during a 66 week period prior to the expected week of childbirth and if your weekly earnings are on average at least £30.

Follow this link for the main maternity law page or click here for the employment blog.