Maternity Pay – Employee Rights

1, Your right not to be dismissed on grounds of pregnancy or childbirth.

All 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 classed as unfair.

2, All employees have a right to maternity leave.

The law states that statutory maternity leave is for 52. You possibly will be entitled to receive Statutory Maternity Pay for up to 39 weeks of that leave.

3, Qualifying for statutory maternity leave

As an employee you have the right to 26 weeks of Ordinary Maternity Leave and 26 weeks Additional Maternity Leave – making one year in total. Provided you meet certain notification requirements, you can take this no matter how long you’ve been with your employer, how many hours you work or how much you’re paid.

4, Your right to Maternity Pay (SMP).

You are entitled to Statutory Maternity Pay (SMP) if you have been employed by your employer for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth, and have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions. SMP can be paid for up to 39 weeks; it is payable by the employer but partly (or, for small firms, wholly) reimbursed by the state.

From April 2010 the standard rate of SMP is £124.88 a week (or 90 per cent of your average weekly earnings if this is less than £124.88 a week). For the first six weeks the rate is 90 per cent of average weekly earnings with no maximum limit. The standard rate of SMP is reviewed every April.

5, Your right to return to work after Maternity leave.

At the end of additional maternity leave you are entitled to return to your original job or, if this is not reasonably practicable, to a suitable alternative job. If they cannot offer you suitable alternative work,you may be entitled to redundancy pay.

6, Your rights to been suspended on the grounds of health and safety.

Your employer should take account of health and safety risks to new and expectant mothers when assessing risks to you in your work activity. If the risk cannot be avoided, then you employer must take steps to remove the risk or offer suitable alternative work, with no less favourable terms and conditions. If no suitable alternative work is available, they must suspend you on full pay for as long as necessary to protect your health and safety or that of your baby.

7, Yours rights for time off for ante-natal classes.

All pregnant employees are entitled to time off with pay to keep appointments for antenatal care made on the advice of a registered medical practitioner, midwife or health visitor. Antenatal care may include relaxation classes and parent-craft classes. Except for the first appointment, you must show, if requested, a certificate from a registered medical practitioner, midwife or health visitor, confirming the pregnancy together with an appointment card or some other document showing that an appointment has been made.