Work and Families

If you are pregnant at work your employer must protect your health and safety and you may have the right to paid time off for antenatal care.

You are also protected against unfair treatment. Find out what protections you are entitled to.

The basics of working while pregnant

Pregnant employees have four key rights:

• Paid time off for antenatal care
• Maternity leave
• Maternity pay benefits
• Protection against unfair treatment or dismissal

Employers also have certain obligations to ensure the health and safety of pregnant employees.

Telling your employer that you are pregnant

You must tell your employer that you are pregnant at least 15 weeks before the beginning of the week when your baby is due. If this isn’t possible, for example because you didn’t realise you were pregnant, you must tell your employer as soon as possible. You should also tell them when you want to start your statutory maternity leave and pay.

However, it is a good idea to tell your employer earlier, because it will let them plan around your maternity leave and carry out their legal obligations to you. This is particularly important if there are any health and safety issues. You cannot take paid time off for antenatal appointments until you have told your employer you are pregnant.

Time off for antenatal care

All pregnant employees, however long they have been in their jobs, are entitled to reasonable time off work for antenatal care. Any time off must be paid at your normal rate of pay. It is unlawful for your employer to refuse to give you reasonable time off for antenatal care or to pay you at your normal rate of pay.

Your employer can ask for evidence of antenatal appointments from the second appointment onwards. If asked you should show your employer a medical certificate showing you’re pregnant and an appointment card or some other written evidence of your appointment.

Antenatal care may include relaxation or parent craft classes as well as medical examinations, if these are recommended by your doctor. If you can, try to avoid taking time off work when you can reasonably arrange classes or examinations outside working hours.

Fathers-to-be and time off for antenatal appointments

Fathers do not have a legal right to time off to accompany their partners to antenatal appointments as the right to paid time off only applies to pregnant employees. However, many companies recognise how important a time this is and let their employees either take paid time off or make up the time later.

Having a child through ivf (in vitro fertilisation)

It is unlawful sex discrimination for employers to treat a woman less favourably because she is undergoing ivf treatment or intends to become pregnant. You will be entitled to paid time off for antenatal care only after the fertilised embryo has been implanted.

Health and safety for pregnant employees

Some workplace hazards can affect pregnancy at a very early stage or even before conception, so employers must think of the health of women of child bearing age, not just wait until you tell your employer that you’re pregnant.

Your employer, as part of their normal risk assessment, must consider if any work is likely to present a particular risk to women of child bearing age. You should tell your employer that you are pregnant as early as possible so that they can identify if any further actions are needed.

Risk assessment

When you tell your employer that you are pregnant your employer should review their risk assessment for your specific work and identify any changes that are necessary to protect you and your unborn baby’s health. Your employer should involve you in the process and continue to review the assessment as your pregnancy progresses to see if any adjustments are necessary.

These risks might be caused by:

• Lifting or carrying heavy loads
• Standing or sitting for long periods
• Exposure to toxic substances
• Long working hours

Your employer must then either remove the risk or remove you from being exposed to it (for example, by offering you suitable alternative work). If neither of these is possible, your employer should suspend you from work on full pay.

If you think you are at risk

If you think you are at risk, but your employer doesn’t agree, you should first talk to your health and safety representative or a trade union official. You can also go directly to your employer to explain your concerns. If your employer still refuses to take action, you should talk to your doctor or call the health and safety executive helpline on 0845 345 0055 (8.00 am to 6.00 pm monday to friday).

Pregnancy-related illness

If you are off work for a pregnancy-related illness during the four weeks before your baby is due, your maternity leave and statutory maternity pay (from your employer) or maternity allowance (from jobcentre plus) will start automatically, no matter what you had agreed with your employer.

Compulsory maternity leave

Even if you have decided not to take statutory maternity leave, you must take two weeks off after your baby is born, or four weeks if you work in a factory. This is called compulsory maternity leave.

Discrimination and pregnancy

It is unlawful sex discrimination for employers to treat women less favourably because of their pregnancy or because they take maternity leave. For example, this includes:

• Trying to cut your hours without your permission
• Suddenly giving you poor staff reports
• Giving you unsuitable work
• Making you redundant because of your pregnancy (you might still be made redundant for other reasons)
• Treating days off sick due to pregnancy as a disciplinary issue

Your employer can’t change your employment terms and conditions while you are pregnant without your agreement. If they do, they will be in breach of contract.

Statutory maternity pay

To help you to take time off work both before and after your baby is born, you may be able to get statutory maternity pay (smp). This is a weekly payment from your employer.

Who is eligible for smp?

To qualify for smp you must have been:

• Employed by the same employer continuously for at least 26 weeks into the 15th week before the week your baby is due (the qualifying week)
• Earning on average an amount which at least equals the lower earnings limit which applies on the saturday at the end of your qualifying week

The lower earnings limit is the amount you have to earn before you are treated as paying national insurance contributions. This is £97 a week if the end of your qualifying week is in the 2010-11 tax year.

If you have a visa that allows you to live and work in the united kingdom you may be able to get smp. If your visa includes the condition that you have “no recourse to public funds” you may still get smp provided you satisfy the qualifying conditions. The qualifying conditions for smp depend on your recent employment and earnings history. Because of this smp does not constitute public funds.

Your employer must give you form smp1 if you do not qualify for smp. If you can’t get smp from any of your employers (if you have more than one) you may be able to get maternity allowance (ma) instead.

How to claim smp

To make a claim for smp, you must:

• Tell your employer when you want your smp to start
• Provide medical evidence of the date your baby is due

How much smp do you get

If you qualify for smp, it is paid:

• For the first six weeks at 90 per cent of your average gross weekly earnings with no upper limit
• For the remaining 33 weeks at the lower of either the standard rate of £124.88, or 90 per cent of your average gross weekly earnings

When is smp paid

Your employer will usually pay you in the same way and at the same time as your normal wages. It can be paid for up to 39 weeks.

Circumstances that may affect your smp

If you are already getting smp there are circumstances that may affect your payments. The following examples provide more information.

If you return to work while receiving smp

You can work up to ten days during your maternity pay period (mpp) for the employer paying your smp without losing your entitlement. These are called keeping in touch (kit) days. Once you have worked for ten days and you do further work for that employer, you will lose smp for each week in your mpp in which you do that work.

Please note, if you work your tenth kit day and do a further day’s work in the same week, you will lose smp for that week. This is because you will have exceeded the ten day maximum in that week. In the mpp, a week means any period of seven days. For example, if your smp started on a thursday, a week will run from thursday to wednesday.

If you start work with a new employer

If you start work with a new employer before your baby is born your smp is not affected.

If you start work with a new employer after your baby is born (if you work for an employer who did not employ you in the 15th week before the week your baby was due) your smp must stop. You must tell the employer paying you smp.

If you start voluntary work

Smp is not usually affected by voluntary work.

If you go to live or visit abroad

Once you become entitled to or if you are already getting smp and then go abroad, your employer must pay you smp.

If you work outside the united kingdom (uk) for a uk employer you may be able to get smp if your employer pays ni contributions for you, or would pay if your earnings were high enough.

If you worked for a uk employer both in the european economic area (eea) and the uk and actually worked in the uk in the 15th week before your expected week of childbirth you may get smp even if your employer has not paid ni contributions for you.

If you go into hospital or care home

Smp is not affected if you go into hospital or care home.

If you are sent to prison or arrested

Smp will end, but you will be able to claim maternity allowance (ma).

• maternity allowance

If you are sick at the end of your smp

You may claim statutory sick pay (ssp) from your employer, the normal rules for eligibility will apply.

If you’re not entitled to ssp, you may be able to claim employment and support allowance. Your employer will give you form ssp1 to explain why you are not entitled to ssp.

• statutory sick pay

• employment and support allowance – introduction (disabled people section)

Smp if you are claiming benefits or tax credits

If you or your partner or civil partner are claiming benefits or tax credits, you may be able to get a sure start maternity grant.

If you receive smp, you may claim income support to top up your income.

• sure start maternity grant

• tax credits

• income support

You can find more information about maternity benefits in leaflet ni 17a ’a guide to maternity benefits’ on the department for work and pensions (dwp) website.

Smp and insolvency

If your employer does not pay you smp because they are insolvent, payment will be made by her majesty’s revenue and customs (hmrc). They will only do this when your employer has been formally declared insolvent. Hmrc will take over the payment from and including the week of insolvency. Any payments before that date must be paid by your employer.

If your employer is insolvent, you should telephone the statutory payments disputes team on 0191 225 5221. They will need to know:

• Your name and address
• The date your employer became insolvent
• Details from your payslips of any payments received and the period covered by the last payment
• The date the statutory maternity payment ends or the date you intend to go back to work

You may also be asked to provide some of this information in writing.

What else you need to know about smp

Each time you get pregnant you must use the date your baby is due to work out your smp for that pregnancy.

If you have more than one job, you may be able to get smp from each employer.

If you disagree with the decision on your smp

If you think your employer’s decision not to pay you smp is wrong, or that you’re not getting the right amount, ask them for the reason.

If you still disagree, you can contact the hm revenue and customs employees enquiry line on 0845 302 1479 for advice.

Entitlements during statutory maternity leave

Your employment terms, for example your pension contributions and holiday entitlement, are protected while you are on statutory maternity leave. If you are made redundant while on statutory maternity leave you also have extra rights. Find out more about your employment rights during statutory maternity leave.

What happens to your employment terms and conditions

While you are on statutory maternity leave your employment terms and conditions are protected.

You keep your normal employment rights and benefits (excluding wages) throughout all of your statutory maternity leave.

This might include any access to benefits you have as part of your employment contract, for example a company car or mobile phone. However, if the benefit is provided for business use, your employer may be able to suspend it.

Pension contributions during statutory maternity leave

If your employer contributes to an occupational pension scheme, they must carry on making their usual contributions:

• For the whole time you are on ordinary maternity leave – which is the first 26 weeks of your statutory maternity leave
• For any time you are receiving any statutory maternity pay
• For any time you are receiving contractual maternity pay

If you normally make contributions to your pension you should carry on doing so, based on the amount of maternity pay you receive.

Holiday entitlement

You build up all your entitlements to paid holiday through all of your statutory maternity leave. This is even if your employment contract says you are entitled to more than the statutory minimum.

You can add holiday to the beginning or end of your statutory maternity leave. You may not be able to carry over untaken holiday entitlement if your statutory maternity leave goes over two holiday years. It is often best to take this at the beginning of your statutory maternity leave.

Redundancy or dismissal during maternity leave

It is automatically unfair and automatic sex discrimination for your employer to select you for redundancy or dismiss you for a reason connected with:

• Maternity leave
• Birth or pregnancy
• Paternity leave
• Parental leave
• Time off for dependants

Your employer can make you redundant while you are on maternity leave if they can fairly justify their choice. For example, your employer might close the section of their business that you normally work in and make all employees in that section redundant. Then your employer can make you redundant as well.

However, if your employer makes staff cuts across the company, they cannot make you redundant because you are on or are about to take maternity leave.

If you are made redundant whilst on statutory maternity leave then you have special rights. You have the right to be offered any suitable alternative job in the company. This is even if there are other employees that might be more suitable for the job. If you are offered a new job, you are still entitled to the four-week trial period, which should start when you return from statutory maternity leave.

If you are made redundant or dismissed during your statutory maternity leave your employer must give you a written statement explaining the reasons for their decision. You should receive your normal notice period or pay in lieu of notice and redundancy pay, if you are entitled to receive them.

Keeping in touch

During your leave it is often helpful to keep in touch with your employer.

Your employer is entitled to make reasonable contact with you during statutory maternity leave. This might be to update you on any significant changes in the workplace, including any opportunities for promotion or job vacancies.

You can work up to ten days’ during your statutory maternity leave without losing your statutory maternity pay, maternity allowance or ending your leave. These are called keeping in touch days – and may only be worked if both you and your employer agree. You cannot work during compulsory maternity leave which is the two weeks immediately after your child is born.

Although particularly useful for things such as training or team events, keeping in touch days may be used for any form of work. They should make it easier for you to return to work after your leave.

You will need to agree with your employer what work is to be done on keeping in touch days and how much pay you will receive.

What happens if you become pregnant again

If you become pregnant again during statutory maternity leave, you have the right to take further statutory maternity leave for your next child.

Statutory maternity leave

If you are entitled to take statutory maternity leave, there are steps you need to follow to tell your employer you want to take it. Find out about the rules for starting your statutory maternity leave and how much maternity leave you must take.

Company maternity leave and pay schemes

Your employer may have their own maternity leave scheme which could be more generous than the statutory scheme. Check your employment contract or staff handbook for details or ask your employer. Your employer can’t offer you less than your statutory rights.

Entitlement to statutory maternity leave

As an employee you have the right to 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave making one year in total. The combined 52 weeks is known as statutory maternity leave.

To qualify for statutory maternity leave you must be an employee. If you are an employee and you give your employer the correct notice, you can take statutory maternity leave no matter:

• How long you have been with your employer
• How many hours you work
• How much you are paid

Surrogate parents

If you and your husband, wife or partner are having a child through surrogacy you will not normally be eligible for statutory maternity or adoption leave. However you will be eligible for unpaid parental leave once you have got a parental order.

Not qualifying for statutory maternity leave

If you don’t qualify for statutory maternity leave speak to your employer. They may offer enhanced maternity rights that you are entitled to.

If you are a worker, your employer may allow you to take unpaid leave. Alternatively, you could consider taking paid holiday, unpaid leave or parental leave. You may still be entitled to statutory maternity pay.

Telling your employer you intend to take statutory maternity leave

You must tell your employer you want to take statutory maternity leave at least 15 weeks before the beginning of the week your baby is due. If this is not possible (for example because you didn’t realise you were pregnant), tell them as soon as possible. You need to say:

• You are pregnant
• When the baby is due
• When you want to start your maternity leave (you can change the date later, if you give at least 28 days’ notice)

Your employer might ask for notice in writing. They may also ask for a copy of form mat b1, the maternity certificate, which says when the baby’s due. Your doctor or midwife will give you a copy of the mat b1 form after you have been pregnant for 21 weeks. They cannot give this to you any earlier.

After informing your employer that you want to take statutory maternity leave, they should write to you within 28 days. They should confirm your statutory maternity leave and give you the date your statutory maternity leave will end.

Starting your statutory maternity leave

You can start your statutory maternity leave any time from 11 weeks before the beginning of the week when your baby’s due.

If you are off work because of your pregnancy within four weeks of the expected birth date, your employer can make you start your statutory maternity leave then.

Compulsory maternity leave

You do not have to take all of your statutory maternity leave. However, you must take two weeks (or four weeks if you work in a factory) of ’compulsory’ maternity leave after your baby is born.

If you lose your baby

You can still take your statutory maternity leave if your child is stillborn after 24 weeks of pregnancy or born alive at any point of the pregnancy.

Additional paternity leave

The father of your child or your partner could have the right to up to 26 weeks’ additional paternity leave. This is in addition to the two weeks’ statutory paternity leave they could be entitled to.

Additional paternity leave can be taken 20 weeks after the child is born. It must finish before the child’s first birthday.

Statutory maternity leave: returning to work

You have employment rights and responsibilities when you return to work after statutory maternity leave. Find out what these are and what to do if you have any problems or you are denied your rights.

Returning to work after statutory maternity leave

When returning to work after ordinary maternity leave (the first 26 weeks of your statutory maternity leave), you have a right to the same job and the same terms and conditions as if you hadn’t been away.

This also applies when you come back after additional maternity leave (the last 26 weeks of your statutory maternity leave). However, if your employer shows it is not reasonably practical to return to your original job (eg because the job no longer exists) you do not have the same right. In that case, you must be offered alternative work with terms and conditions as if you hadn’t been away.

Giving notice of your return to work

Your employer will assume that you will take all 52 weeks of your statutory maternity leave. If you take the full 52 weeks, you don’t need to give notice that you are coming back. However, it can be a good idea to do so.

If you wish to return earlier, for example, when your statutory maternity pay ends, you must give at least eight weeks’ notice. If you don’t, your employer can insist that you don’t return until the eight weeks have passed. You must tell your employer that you:

• Are returning to work early
• Want to change the date of your return

If you decide not to return to work at all, you must give your employer notice in the normal way.

Illness at the end of your statutory maternity leave

If you can’t return to work at the end of your statutory maternity leave because of illness tell your employer in the normal way.

Additional paternity leave

The father of your child could have the right to up to 26 weeks’ additional paternity leave. This is in addition to the two weeks’ ordinary paternity leave they could be entitled to.

Additional paternity leave can be taken from 20 weeks after the child is born. It must finish before the child’s first birthday.

You must have returned to work before the father can take additional paternity leave. If the father decides to take additional paternity leave you will be asked for a signed declaration stating:

• Your name, address (including postcode) and national insurance number
• You are entitled to either statutory maternity pay or maternity allowance (or statutory maternity or adoption leave if they are applying for unpaid additional paternity leave only)
• You have given notice of your intention to return to work and the date you intend to return to work
• The start date of your statutory maternity pay or maternity allowance period (if they are applying for additional statutory paternity pay)
• They are the only person taking additional paternity leave or pay in respect of the child
• You consent to the employer processing the information given in the declaration
• They are the father of the child or your spouse, partner or civil partner (including same-sex relationships)

Flexible working

Parents of children aged 16 and under, or of disabled children aged 18 and under, are entitled to request a flexible working pattern. This can help you balance caring for your child and work. Your employer must consider your request and reply to you in writing.

Breastfeeding

You should let your employer know in writing if you are planning to breastfeed when you return to work. Ideally you should do this before you return so that your employer has time to plan.

Your employer must carry out a risk assessment to identify risks to you as a breastfeeding mother or to your baby. If there are risks they must do all that is reasonable to remove the risks or make alternative arrangements for you. Your employer must also provide suitable rest facilities.

Although there is no legal requirement, employers are encouraged to provide a private, healthy and safe environment for nursing mothers to express and store milk.

Taking parental leave after statutory maternity leave

If you need more time off to look after your child you may be able to take parental leave. You can take up to four weeks’ parental leave at the end of your statutory maternity leave without affecting your right to return.

If you take more than four weeks you will be able to return to the same job unless this is not reasonably practical. In this case you must be offered alternative work that is suitable to you and with terms and conditions as if you hadn’t been absent.

Parental leave doesn’t have to follow straight after statutory maternity leave. You can take parental leave at a later time after you have returned to work.