Employment law help – maternity rights

What are the basic maternity rights?

As an employee you are entitled to various maternity rights which are

1. The right to take maternity leave
2. The right to maternity pay
3. The right to return to your previous job after maternity leave
4. The right not to be dismissed or treated less favourably because of pregnancy

Maternity leave

If you are pregnant you are entitled to 26 weeks of ordinary maternity leave and a further 26 weeks of additional maternity leave. The two combined periods are known as ‘statutory maternity leave’. There are notification provisions – ask us for details.

Maternity pay

You will be entitled to statutory maternity pay provided that:

1. You are employed on the date which is 15 weeks before the baby is due;
2. You have been continuously employed for the previous 26 weeks;
3. Your pay is within certain financial limits

Maternity pay is paid for 39 weeks in total and the first 6 weeks are paid at a higher rate than the remaining period – ask us for details,

Returning to work after maternity leave

If you return to work after ordinary maternity leave you have an absolute right to return to your previous job. If you return to work after additional maternity leave you have the right to return to your previous job unless your employer can show that this is ‘not reasonably practical’. This can often be a difficult issue – contact us for advice.

Time limits for claims arising from maternity rights

The basic rule is that you have to bring your claim within three months of the incident or decision of which you complain. This includes a claim for unfair dismissal, viz. if you are dismissed because you are pregnant.