Pregnancy and children

This is a difficult and often confusing entitlement to understand and mistakes are easy to make, which can affect your rights. Always seek advice if you are uncertain.

Rights for Pregnant Women and New Mums

If you are pregnant, what is the minimum time you should be allowed off work when your baby is born?

A....... 26 weeks
B....... 52 weeks
C....... 4 weeks
D....... As long as you need

Find out the answer by reading through this outline of rights for pregnant workers:

• You are entitled to up to a year off work after giving birth, this is called maternity leave. It doesn't matter how long you have worked for your employer or how many hours you work. So the correct answer to the above question is B.

• If you will have been in your job for at least 10 months at the time that the baby is due, you are entitled to an extra 26 weeks on top of the first 26 weeks leave (this would usually be unpaid).

• You don't have to take your full maternity leave if you don't want to but you have to take at least 2 weeks leave or 4 weeks if you work in a factory.

Do I get paid during maternity leave?

Yes, there are three possible ways of getting paid during maternity leave. Your employment contract might say that your employer will pay, but it might not be as much as you usually get in your pay packet.

If not you could be entitled to Statutory Maternity Pay, this is a government benefit paid through your employer. You have to have been working for your employer for at least a week before you got pregnant and be earning a certain amount. It is paid for a maximum of 39 weeks.

If you don't qualify for Statutory Maternity Pay, you might be entitled to another type of government benefit called Maternity Allowance. Again it is paid for a maximum of 39 weeks.

For more information have a look at advicenow's guide to parental rights, or the benefits information on the Department of Work and Pension's website (see Links to Other Websites to the right)

How do I take maternity leave?

You can decide to start maternity leave any time from the 11th week before your baby is due. It's essential to give proper notice to your employer - to find out more on how to do this see advicenow's guide to parental rights or look at the Department of Business Enterprise and Regulatory Reform (BERR) website (see Links to Other Websites to the right).

If you don't give proper notice of your pregnancy you may miss out on certain benefits.

Do I have to tell my employer if I'm pregnant?

You should tell your employer that you are pregnant at least 15 weeks before the baby is due.

You get certain benefits at work if your employer knows you are pregnant (see Pregnancy Perks below) - so in some ways the earlier you break the news the better.

What if they ask if I'm pregnant at a job interview?
You don't have to tell them if you're pregnant. The fact that you are pregnant, or are planning to have children should have nothing to do with whether you get the job. If they ask you questions about pregnancy or children during an interview it could be sex discrimination (see Discrimination in the menu on the right).

Pregnancy Perks

• You should be given time off on full pay for medical appointments relating to ante-natal care.

• Your employer should make sure that you are working in conditions which are safe and healthy for pregnant women or recent mothers, this includes things like not having to stand for long periods and not having to lift heavy objects.

Going back to work after having a baby

You usually have an automatic right to return to work after your maternity leave. You have to give your employer a month's notice if you want to come back before your 26 weeks leave. If your employer refuses to have you back you could make a claim for unfair dismissal or sex discrimination (see the sections on Dismissal in Ending a job, and Discrimination, in the menu on the right).

Paternity Rights

If your partner is having a baby you will be entitled to either one or two weeks leave after the birth, this is called paternity leave.

Your employment contract might give you a right to pay during paternity leave, if not you might be entitled to Statutory Paternity Pay.

When can I take paternity leave?

At any time after the birth of your child, but it must be within 56 days of the birth.

• You don't have to be the biological dad. If you are the husband or the partner (including same-sex partner) of the baby's mother and are going to help look after the baby you will be entitled to paternity leave.

Flexible Working

If you are an employee with a child under the age of 6 and you have been working for your employer for at least 26 weeks, you can ask for a flexible working arrangement. For example, changing to part-time work, working different hours, working from home, or moving to a workplace nearer home Your employer doesn't have to agree to your request but must take it seriously and give you proper reasons if they say no.

Parental Leave

What is parental leave?

This is a right for parents to take time off to spend time with their children. You get this right as well as the right to maternity or paternity leave. For example, you might use parental leave to spend more time with your child during his or her early years, or to make sure your child settles into nursery or infant school.

Your employer doesn't have to pay you while you take parental leave, unless it says they will in your contract.

How long is it?
You get 13 weeks leave for each child. It doesn't have to be taken in one go, you can split it up into weekly blocks.

Who can take parental leave?
You are entitled to parental leave if you are a parent and you have been working for the same employer for a year or more.

When can I take parental leave?
Any time up to your child's 5th birthday.

Changing my contract of employment
Some employers may try to change the terms you are employed on (for example, by paying you less or requiring you to work at another factory or office).

In most cases, an employer can only make changes to your terms and conditions if you agree to them or there is something in your contract that allows for the change.

Never agree to a change to your contract without taking advice first unless it is something that is obviously to your advantage or you are happy with (for example, a pay rise or promotion).

February 2009