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Contract Matters

1. I am pregnant. What rights do I have for time off and to be paid whilst I am having my baby?

Maternity rights have undergone considerable change during the last few years and have been modified and enhanced during that time. These rights can be summarised in four parts:-

  1. Not to be unfairly dismissed as a result of the pregnancy.
  2. To have a period of time off.
  3. To receive statutory maternity pay (SMP).
  4. The right to return to work.

  1. It is the right of every pregnant employee not to be dismissed as a result of the pregnancy. This covers the pregnancy itself and any associated illness or condition. Therefore you cannot be dismissed if you are unwell during the pregnancy and are obliged to take periods of time off.

    Any dismissal for this reason would be automatically unfair.

  2. The right to time off is divided into two parts, ordinary maternity leave (OML) and additional maternity leave (AML). To qualify for OML you do not have to have worked for your employer for any qualifying length of time and the amount of leave is 26 weeks. It cannot begin earlier than 11th week before the baby is due and no later than the date of birth itself.

    To qualify for AML you must have been with your employer for at least 26 weeks prior to the 14th week before your baby is due. If so you will be entitled to a further 26 weeks leave.

  3. SMP is payable for 26 weeks i.e. for the full period of OML. The first six weeks are payable at 90% of your current salary and the remainder at the statutory rate as varied from time to time. To qualify for SMP you must have worked for your employer for at least 26 weeks at the 15th week before your baby is due.

  4. The right to return to work after maternity leave is part of the statutory regulations. Should you wish to return after OML, your employer has to allow you to return to your old job (subject to changes in the workplace) and for all benefits and opportunities to be retained. Returning to work after AML is slightly different and your employer is obliged to offer you employment with the same terms and conditions but not necessarily the job you were doing previously.

2. My wife is expecting our baby which is due in the next three months. I would like to take some extra time off but my boss is refusing. Is there anything I can do?

It is now your right to apply for Statutory Paternity Leave (SPL) where you have been employed for 26 weeks prior to the birth of your baby. This right allows you to have two weeks paid SPL taken in blocks of one or two weeks within 56 days of the birth of your child.

The rate of pay for SPL, in the absence of anything negotiated with your employer, will be the same rate as Statutory Maternity Pay and is payable by your employer.

3. I need to take some extra time off work to look after my children. My employer is being difficult, is there anything I can do?

If you have been employed by your employer for at least one year it may be possible for you to take additional time off if any of your children have been born after December 1994 and you need time off to care for that child. If so, you will qualify for parental leave and will be entitled to thirteen weeks leave (unpaid) to be taken up to the child's fifth birthday.

In the absence of any agreement with your employer, the leave can be taken in blocks of one week, a maximum of four weeks per year provided that three weeks notice is given.

The questions in this section give you an outline of your legal rights. They are not a complete guide to the law and are not intended to be a guide to how the law will apply to you or to any specific situation. The questions are regularly updated but the law may have changed since they were published, so information in them may be incorrect or out of date

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