your rights at work

You need to tell your employer when you plan to take your maternity leave by the end of the 15th week before your baby is due, as part of this you will need to complete a MAT B1 form which you can obtain from your medical advisor. Your employer should then write to you within 28 days of notification to tell you the date you are expected to return to work. You are entitled to have time off to attend your pre-natal appointments, although your employer may request appointment cards and they need to be kept informed. Legally you are not required to tell your employer whether or not you intend to return to work.

maternity leave

You are entitled to 26 weeks Ordinary Maternity Leave, no matter how long you have worked for your employer. If you have worked for the same company continuously for at least 26 weeks, prior to the 15th week before your expected due date, you also qualify for Additional Maternity Leave. This additional leave is unpaid but you can take up to 26 weeks.

maternity pay

There are two types;

Statutory Maternity Pay (SMP) entitles you to ninety per cent of your average salary for the first six weeks, then £100 per week (or 90 per cent of your average earnings if this is less) for the following 20 weeks. You can claim if:

You have worked for the same employer for at least 26 weeks by the end of the qualifying week – the 15th week before your due date.
Your average weekly earnings are at least £75 before tax in the two months before the end of the qualifying week. You need to give your employer at least 28 days notice of the date you wish to start receiving Statutory Maternity Pay

Maternity Allowance (MA) If you are not entitled to SMP (such as self employed women, contract workers, unemployed or those who changed their jobs while pregnant), you should receive £100 a week for 26 weeks (or ninety per cent of your earnings for 26 weeks if this is less than £100 a week).

other working rights

• If you decide to go back to work early, you won’t get any maternity pay for any week you work because you are not entitled to receive pay and SMA/MA
• Maternity leave can start no earlier than the beginning of the 11th week before the expected week of childbirth.
• The latest time you can start your leave is the day your baby is born
• Your employer can make you start your maternity leave anytime in the four week period before your due date if you are off sick due to a pregnancy related illness.
• If your baby is stillborn after 24 weeks you are entitled to take maternity leave. Also, if you give birth to a live baby before this time you are entitled to SMP/MA even if your baby later dies.
• During your 26 weeks Ordinary Maternity Leave your contractual rights with your employer remain the same, so you are still entitled to your usual holiday in addition to your maternity leave and the use of your company car if you have one. You are also protected against discrimination, which means you cannot be overlooked for pay increases, promotion or training because of your pregnancy. Your employer must not ask you to do work which could put you or your baby at risk, if you can’t do your job as result your employer must find alternative work for you to do.
• If you have children under the age of six when you return to work, you can ask your employer for more flexible working hours. Your employer must consider the request seriously and should only refuse if there are sound business reasons.

fathers

Fathers can take up to two weeks’ Paternity Leave. Although they need to have worked continuously for the same company for 26 weeks prior to the 15th week before the baby’s due date. Those with average earnings of over £75 a week are entitled to Statutory Paternity Pay (SPP) of £100 per week or 90 per cent of average earnings if this is less. Paternity Leave has to be taken within eight weeks of the baby being born.

parental leave

Parents of children born or adopted on or after 15 December 1999, with one year of continuous service to their employer, are entitled to ‘Parental Leave’ of up to 13 weeks’ leave during the first five years of their child’s life (18 weeks if the child is disabled). The leave is unpaid but can be taken any time from birth until your child’s fifth birthday and is usually taken in one-week blocks. If your partner wants to take Parental Leave immediately after the baby arrives he must let his employer know in writing at least three weeks before the due date. You can add parental leave onto the end of maternity leave.

adoption leave and pay

One adopting parent is entitled to Statutory Adoption Pay (SAP) for up to 26 weeks at the same rate as SMP/MA, the other parent is entitled to Parental Leave. A further 26 weeks unpaid leave can also be taken. The adoptive child must be newly placed – adopting stepchildren does not count.

child benefit

Child benefit is a tax-free amount paid to every mother regardless of savings, income or National Insurance Contributions. The entitlement is £16.05 a week for the first child and £10.75 a week for other children, single parents may get slightly more. You can get an application pack by calling the child benefit centre on 0845 302 1444.

working tax credit / child tax credit

9 out of 10 families with children are entitled to tax credits. The credit is calculated on an individual family basis and can reduce the amount of tax you pay. For more information and for an application form visit www.taxcredits.inlandrevenue.gov.uk or call your local tax office.

sure start maternity grant

If you receive a qualifying benefit like Low Income Benefit or Tax Credit, you may be able apply for a £500 lump sum to help you buy things for your baby. You can download application forms from www.dwp.gov.uk or by calling your local benefits office.

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