Maternity Rights in the UK: A Guide for Expecting Mothers
Becoming a parent is a life-changing event, and knowing your rights as an expecting mother in the UK is essential. Fortunately, there are laws to protect pregnant women and new mothers from discrimination and ensure they have access to necessary benefits during this time. This article will cover the basics of maternity rights in the UK.
Time Off for Pregnancy Care
If you are an employee (or an agency worker who has been there for at least 12 weeks) you are entitled to take paid time off for reasonable antenatal care recommended by a doctor, nurse or midwife. This can include medical appointments related to your pregnancy as well as parenting or birthing classes. You can take as much time off as necessary, and your employer cannot refuse your reasonable requests.
Maternity Leave
You can take up to 52 weeks off work. The first 2 weeks are Compulsory Maternity Leave (4 weeks if you work in a factory) the remainder is divided into Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML). OML is the first 26 weeks of maternity leave, and during this time, you are entitled to your usual employment rights and benefits. AML is the second 26 weeks of maternity leave, and while you are still entitled to your employment rights, you may not receive all of your usual benefits. Your employer should provide a written statement outlining your maternity leave and pay entitlements. The length of Maternity Leave may vary for every employee, and an employee may change her return date by giving 8 weeks’ notice and a start date with 4 weeks’ notice. You can start maternity leave from 11 weeks before your due date.
Maternity Pay
If you are eligible, you can receive Statutory Maternity Pay (SMP) during your maternity leave. To qualify, you must have worked for your employer for at least 26 weeks before the 15th week before your due date and earn an average of at least £123 per week.
SMP is paid for up to 39 weeks, and you’ll receive 90% of your average weekly earnings for the first six weeks. After that, you’ll receive £172.48 per week or 90% of your average weekly earnings (whichever is lower) for the remaining 33 weeks.
If you’re not eligible for SMP, you may be able to claim Maternity Allowance instead if you’ve been employed or self-employed for 26 weeks in the 66 weeks before your due date or help a spouse or civil partner run a business The government pays for this and offers similar benefits to SMP.
Some companies also give contractual maternity pay as a benefit of working there; you should find any such information in your employment contract. Contractual maternity pay must always be more then statutory maternity pay.
Returning to Work
After your maternity leave, you have the right to return to your job. If you’ve taken OML, you’re entitled to return to the same job. If you’ve taken AML, you have the right to return to the same job unless it’s not reasonably practicable, in which case your employer must offer you suitable alternative employment.
Protection from Discrimination
Pregnant women and new mothers are protected from discrimination under the Equality Act 2010. This means that your employer cannot mistreat you because of your pregnancy or because you’ve taken maternity leave. If you believe you’ve been discriminated against, you can make a complaint to an employment tribunal.
Pregnancy and motherhood can be challenging, but it’s important to remember that you have rights as an expecting mother in the UK. You’re entitled to paid time off for antenatal care, maternity leave, and statutory maternity pay. You also have the right to return to your job after your maternity leave and are protected from discrimination by law. If you have concerns about your maternity rights or discrimination please contact us on 0208 446 6223 or email enquiries@sr-law.co.uk.
