UK Employment Law\ Employer \ Maternity Rights
Maternity Rights
If you are pregnant, you must tell your employer if you become pregnant at least fifteen weeks before your baby is due. If you didn’t realise you were pregnant early enough to give fifteen weeks’ warning, then you must advise your boss as soon as possible. You should also inform your employer if you want to start maternity leave and receive Statutory Maternity Pay.
It is a good idea for employers to be informed as soon as possible in order that legal obligations may be met – among them: health and safety issues. You cannot take paid time off for ante-natal appointments until your employer has been informed. Every pregnant worker is allowed reasonable time off work for antenatal care though, regardless of the amount of time they have worked there. The employer should pay for any time off at the normal rate. It is against the law to refuse to give reasonable time off for ante-natal care.
Employers may demand evidence of antenatal appointments after the second one. They can also ask to see a medical certificate as proof that you are pregnant. Some written evidence should be provided for any ante-natal appointment.
Maternity rights for babies due on or after 1 April 2007:
- Pregnant employees can have 52 weeks’ maternity leave. This is split into 26 weeks’ Ordinary Maternity Leave and another 26 of Additional Maternity Leave. This is available to them regardless of the amount of time served.
- If a woman has worked 26 weeks continuously for her employer, by week 15 before she is due to give birth, she can claim statutory maternity pay. This will then last for 39 weeks.
- A pregnant woman must inform her boss of her pregnancy by the 15th week before the due date.
- Some employers require written notice. In addition, she must give the employer at least 28 days' notice of any change. Once this is given, the employer must set out her rights within another 28 days.
- The new mother must also give her boss 8 weeks’ notice if she intends to return to work, if this is any different from earlier predictions.
IVF
It is deemed to be sex discrimination if an employer treats a woman less favourably because she is going through a course of IVF (in vitro fertilisation) treatment. A woman taking an IVF course is allowed paid time off for antenatal care once the fertilised embryo has been implanted.
Health and safety
Some workplaces can prove to be hazardous to pregnant women. Therefore, employers need to consider the health of women of child bearing age. The employer needs to assess such risks as part of a normal risk assessment.
Some of the possible risks:
- Carrying and lifting heavy loads
- Long periods stood or seated
- toxic substances
- long working hours
If an employee suffers a pregnancy-related illness four weeks prior to the due-date, then maternity leave and Statutory Maternity Pay starts automatically.
Discrimination and pregnancy
It is against the law for your employer to treat you any less favourably if you are pregnant by:
- trying to cut hours without permission,
- suddenly giving poor reports,
- giving unsuitable work,
- making you redundant for reasons connected with your pregnancy,
- bringing disciplinary action because of sickness due to your pregnancy.
