Merton Solicitors

MATERNITY & PATERNITY LAW ADVICE MERTON

Maternity leave

We have put this article together to help you understand what your rights to maternity leave are.  We hope that is proves to be of some use to you.

Minimum right to receive fair treatment

If you are pregnant and currently employed, the law gives you minimum set of rights and guarantees.

You are entitled to continue your employment and if you are dismissed on the basis of being pregnant, this will automatically be classed as an unfair dismissal.   In addition, you will be protected from receiving any unfair treatment at work in connection to your pregnancy or decision to use your right to maternity leave.

How long?

Every pregnant employee is entitled to 26 weeks of ordinary maternity leave.  If the employee was in continuous service for 26 weeks before the 15^th week of the expected week of birth, then they will be entitled to an additional period of maternity leave, which is for a period of 26 weeks and commences after the period of ordinary maternity leave ends.

If you want to use your right to maternity leave, you must notify your employer 15 weeks before the expected week of birth and tell them when you wish to go on leave, so long as this is not before the 11^th week before the expected birth.

There is a two week period (four weeks for factory workers) of compulsory maternity leave that all pregnant must take.  If an employer allows a pregnant worker to work during this compulsory period of leave, it is a criminal offence.

Statutory Maternity Pay

To be entitled to maternity pay, you must have worked for 26 weeks and earned more than the lower level for National Insurance contributions.

How much?

For the first six weeks, you will be entitled to 90% of your normal weekly pay.  For the remainder, as a minimum you will be entitled to £117.18 per week.

Special circumstances

For health and safety reasons or if you are a night shift worker, your employee might be entitled to suspend your employment if you are pregnant or have recently given birth.  In doing this, the employer must consider whether you can do alternative work.  If alternative work is available, but it is not offered to you, you will be entitled to bring a claim to an employment tribunal.    Should alternative work prove to be unavailable, you will be entitled to full pay during the suspension unless you have refused reasonable offers of alternative work.

Notice

You are entitled to use the full 26 weeks of ordinary maternity leave and 26 additional weeks if you qualify for it.  If, however, you would like to return to work within either period of leave, you must give your employer 28 days notice.

Employer are entitled to ask employees 21 days before the end of ordinary maternity leave to confirm the birth of the child and ask whether they intend to return to work after taking any additional leave.  You must reply to any such letter you receive within 21 days or your employer will be entitled to take disciplinary action against you.