Maternity leave

If you are pregnant you will want to know what your rights will be when your baby arrives. How much time off work are you entitled to, and will you be paid, or will you be reduced to a strict diet of baked beans? We explain your right to maternity leave and pay, and what you have to do....

No matter how long you have worked for your employer, as long as you are an employee (rather than a worker or self-employed - if you're not sure see Who is an employee?), you are entitled to up to a year's maternity leave.

This is made up of 26 weeks Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity Leave (AML).

Ordinary Maternity Leave (OML)

The earliest you can start your OML is the beginning of the 11th week before the week your baby is due. The maximum OML you can take is 26 weeks and the minimum is two weeks starting with the day you give birth.

Additional Maternity Leave (AML)

This is an extra 26 weeks leave ending on the 52nd week after your OML began. During AML only certain terms in your contract are in force, for example you can't have holiday pay or get pay rises unless your boss agrees otherwise.

However, if your child is due on or after 5 October 2008, all your terms and conditions of employment continue during your AML. This covers all your rights, except that you won't get your pay unless your contract allows for it.

Pay during maternity leave

If you have been working for your employer continuously for at least 26 weeks at the beginning of the 15th week before your baby is due you will be entitled to Statutory Maternity Pay (SMP). SMP is normally paid by your employer at the rate of 90% of your average weekly earnings for the first 6 weeks. For the next 33 weeks you will get £112.75 pounds per week or 90% of your average weekly earnings, which ever is lowest.

If you do not qualify for SMP you may qualify for Maternity Allowance (MA) if you satisfy the relevant National Insurance contributions' conditions on the basis of previous employment. A benefits adviser can check your entitlement for you if you are in this position.

Remember to check your contract; your employer may offer you more than your basic entitlement.

How to get your maternity leave

All you have to do to take your maternity leave is tell your employer that you are pregnant, tell them which week you expect your baby to be born (called the 'Expected Week of Childbirth' or EWC) and when you want your maternity leave to start. You must give your employer this information by the end of the 15th week before the week your baby is due, or as soon as possible. It is probably best to put this information in writing. Your employer is also entitled to ask for a certificate from your midwife stating the EWC.

Within 28 days of informing your boss of your leave plans, they should write to you, setting out the date when they expect you to return to work, assuming that you take your full entitlement. If you want to return to work earlier than the agreed date you must give your employer eight weeks notice.

The right to return to work

If you have taken your full entitlement of maternity leave, you do not have to give notice of your return to work and you have an automatic right to go back.

It is illegal for your employer or colleagues to treat you unfairly or dismiss you because you took, or tried to take, maternity leave or pay. If you are treated unfairly because of your pregnancy or having a child you should get advice as soon as possible, as this may be sex discrimination.

The effect of OML and AML on your terms and conditions of employment

• During your OML the terms and conditions of your employment continues as normal except for the fact that you are not entitled to be paid (other than SMP, MA or any other payment stated in your contract) and you do not have to go to work.
• You are however entitled to continue receiving any other benefits connected with your work, for example, use of a company car, pension contributions, or your private medical insurance.
• Your holidays continue to build up while on maternity leave. However during AML you will only accrue statutory leave unless your contract says otherwise.
• You can take holiday at the beginning or end of your maternity leave. You can't normally carry holiday leave over from one year to the next, unless you are able to reach an agreement with your boss.
• During your AML your contract of employment continues, but the majority of your terms and conditions will be suspended, unless, of course, your contract says otherwise. For example, you statutory holiday entitlement will continue to build up, but if your contract normally entitles you to more than the statutory minimum, this additional holiday will not continue to accrue. Similarly, your pension payments may not continue and the period of AML may not count as pensionable service.

May 2008