You should tell your employers that you're pregnant at least fifteen weeks before your due date. Tell them when the baby is due, and when you plan to start your leave. You have a right to time off on normal pay when you go to antenatal classes and check-ups, although your employer is entitled to proof of your appointments and indeed your pregnancy.
If you are sacked for being pregnant or on maternity leave, or your promotion prospects or working conditions deteriorate as a result of your pregnancy, your boss is acting illegally and can be prosecuted for sex discrimination.
Working It Out
Additional responsibilities fall upon employers to make sure your health and safety at work as a pregnant woman are taken into account. For example, you may have to stand for long hours as part of your usual job, but would not be expected to whilst pregnant. If your employer cannot alter your role to enable you to work in safety you can be put on full paid leave immediately.
Time is Money
On 1 April 2007 new maternity laws came into force and apply to women irrespective of how long they've worked for their employer. Women are now entitled to 52 weeks maternity leave, regardless of length of service or the number of hours you work, providing they give the correct notice. Maternity leave is divided into 26 weeks Ordinary Maternity Leave [OML] and 26 weeks Additional Maternity Leave [AML].
Statutory Maternity Pay [SMP] is now extended to 39 weeks, meaning that you should receive six weeks at 90% of your salary and SMP for a further 33 weeks at a maximum of £112.75 a week. This is paid to you even if you decide not to return to work and cannot be reclaimed by your company. To qualify for Statutory Maternity Pay you must have been: employed by the same employer without a break for at least 26 weeks into the 15th week before the week your baby is due earning an average of at least £84 a week (before tax).
Under the new rules you and your employer should agree a date for a Keeping in Touch day where you come into work whilst on maternity leave to keep up to speed on what's happening while you're away. You may also work an additional nine Keeping In Touch Days without your maternity leave coming to an end.
You must take at least two weeks Statutory Maternity Leave (four if you work in a factory). This is called Compulsory Maternity Leave.
Knowing your Rights from Wrong
If your colleagues get a pay rise while you're away on maternity leave, you should get one too. You're also entitled to bonuses or pension contributions that are paid while you're away. If you feel your rights haven't been recognised in any way, act quickly to sort the situation out; complain in writing to your employer and then put a claim into an Employment Tribunal. If you belong to one, ask your trade union for help with this.
Returning To Work
Under the new regulations, women must now give eight rather than four weeks' notice of their intention to return to work.
Disclaimer: While every effort has been taken to ensure accuracy at time of publication, this information may be subject to change. Always consult your financial or legal advisor.
April 2007
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