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.

• 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 immediately after giving birth 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 Expecting your rights - Advicenow's guide to maternity, paternity and adoption leave and your rights when you go back to work.

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 Expecting your rights.

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.

• If your employer announces redundancies while you are on maternity leave then you must be put at the head of the queue for any suitable alternative work which is available with your employer. They must also make adjustments to the way they decide who to select for redundancy to counter any disadvantage you are under being on maternity leave during a redundancy procedure.

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. You can also ‘swap’ maternity / paternity leave between yourself and the mother of your child even if you work for different organisations.

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.

Additional paternity leave

If your baby is due on or after 3rd April 2011, you will be able to take extra paternity leave if the mother of the child is going to go back to work early. Your baby must be 5 months old when your additional paternity leave starts. You will get paid Additional Statutory Paternity Pay for as long as the baby's mother would have received Statutory Maternity Pay or Maternity Allowance if she had not gone back to work.

• 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. This must be taken in periods of not less than one week at a time.

You are also entitled to reasonable time off in a family emergency where your presence is essential. An example of this is where your child care arrangements fall through and there is no one to look after your child while you are at work. You must inform your employer of the reason for your absence as soon as possible. This does not count towards the 13 weeks parental leave entitlement.

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).

December 2011