Recent Government changes have simplified
the law, and this section gives basic details of the Regulations.
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The length of maternity leave
All pregnant employees are entitled to 52 weeks maternity
leave. This is regardless of their length of service. |
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Statutory Maternity Pay
The employee is entitled to 39 weeks (9 months) Statutory Maternity Pay. |
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The start of maternity leave
Any pregnant employee must (no later than the 15th week before
the expected week of childbirth) inform the employer in writing
of their pregnancy and the date upon which they would like to
start their ordinary maternity leave. This must not be earlier
than the 11th week before the baby is due. The employer must
respond in writing within 28 days of this request informing
the employee of the date they will return to work. |
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Returning to work
An employee returning to work after taking maternity leave is entitled to
return to the job in which she was employed before her absence
and on terms and conditions, which are not less favourable than
they were before. Any failure to do so may result in a dismissal
situation. Continuity of employment continues.
The same applies to those returning from AML with the continuity
counting towards statutory rights only. There are 2 exceptions,
those being:
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Dismissal whilst pregnant
If an employee is dismissed for any reason connected with her
pregnancy, or because she took maternity leave, she will be
able to make a complaint to an Employment Tribunal. Dismissals
for pregnancy related reasons are automatically unfair. |
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Early start to maternity leave (Illness)
If a pregnant employee is absent due to a pregnancy related
illness in the last 4 weeks before the expected week of confinement,
maternity leave is automatically triggered and is taken to have
started on the first day of the absence. If the illness is not
pregnancy related, the employee will be able to take sick leave
until she starts her maternity leave. |
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