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Maternity rights have long caused confusion for employers. Until recently the regulations governing this area of law were confusing and complicated. Recent Government changes have simplified the law, and this section gives basic details of the Regulations.
- the length of Maternity leave
- entitlements whilst on leave
- the start of maternity leave
- returning to work
- dismissal whilst pregnant
- early start to maternity leave (illness)
the length of Maternity leaveAll pregnant employees are entitled to 18 weeks ordinary maternity leave. This will increase to 26 weeks in April 2003. This is regardless of their length of service.
For women who have completed at least one year's service with their employer, there is the option of additional maternity leave. This starts at the end of ordinary maternity leave and finishes 29 weeks after the birth of the baby (counting from the Sunday at the beginning of the week in which the baby was born). From April 2003 this period increases to a further 26 weeks.
entitlements whilst on leave
Whilst an employee is on her ordinary maternity leave, she is entitled to the benefit of her normal terms and conditions of employment, apart from remuneration. In terms of remuneration (i.e. pay), there is no obligation to pay this during the leave, but most women will be entitled to Statutory Maternity Pay or Maternity Allowance during this period.
During additional maternity leave, the employment contract continues and some of the contractual benefits and obligations remain in force. e.g. contractual redundancy rights and notice.
Being on maternity leave does not affect the entitlement to paid holiday under the Working Time Regulations.
the start of maternity leave
A pregnant employee can start her maternity leave any time from the eleventh week before the baby is due, provided that she has given the employer at least 21 days notice before they want to leave:
There is no obligation to write confirming:
- that they are pregnant
- the expected week of childbirth
- the start date of maternity leave
However, if the employer requests the expected week of childbirth and start date of maternity leave in writing, the employee must provide this.
Importantly, the employee does not have to state that she will be exercising her right to return to work. Additionally, there is no difference between the notice for the start of maternity leave or maternity leave plus additional maternity leave.
returning to work
If the employee wishes to return to work before the official end of her ordinary or additional maternity leave, she must give her employers 21 days notice.
If an employee intends to come back at the end of her ordinary maternity leave, she does not have to inform her employer that she intends to do so.
If the employee qualifies for additional maternity leave, she should inform her employer when the baby is born so that the employer can plan for her return to work.
If an employee is on additional maternity leave, the employer can write to her no earlier than 21 days before the end of the ordinary maternity leave period to confirm the child's date of birth and ask her whether she is still intending to return to work after the additional maternity leave. This letter must explain to the employee how to work out the date on which her additional maternity leave period will end. The employee must respond to the letter within 21 days of receiving it. If she does not, her employers can take disciplinary action against her.
dismissal whilst pregnant
If an employee is dismissed for any reason connected with her pregnancy, or because she took maternity leave, she will be able to make a complaint to an Employment Tribunal. Dismissals for pregnancy related reasons are automatically unfair.
early start to maternity leave (Illness)
If a pregnant employee is absent due to a pregnancy related illness in the last 6 weeks before the expected week of confinement, maternity leave is automatically triggered and is taken to have started on the first day of the absence.
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