INTRODUCTION
According to the Department of Trade and Industry (DTI), statutory maternity rights ‘form a minimum standard of protection established by Parliament to help women in reconciling their work and family responsibilities’. Statutory maternity rights encompass the following:
- Safety in the working environment if you are pregnant, have recently given birth or are breastfeeding
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- Time off for antenatal care
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- Protection against unfair dismissal on maternity-related grounds
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- The right to return to work after maternity leave
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The DTI remit covers all of the rights above apart from maternity benefit, which is handled by the Department for Work and Pensions (DWP). Both the DTI and the DWP publish detailed guidance online.
See the DTI site for guidance on maternity rights and the TIGER interactive website for information on rights. You will need Adobe Acrobat Reader to access some of the DTI documents but this is free to download. A basic summary of maternity leave changes as of 6 April 2003 is also available from the DTI site.
The DWP provides guidance on Statutory Maternity Pay and Maternity Allowance as well as benefits you may be entitled to if you do not qualify for either of these. The DWP also publishes 'Babies & Children' (you will need Adobe Acrobat Reader toit which you can download for free). You should also be able to get a of the guide from your GP’s surgery or antenatal clinic.
In addition, the Inland Revenue explains family-related tax credit changes: Child Tax Credit and Working Tax Credit are payable from 6 April 2003. See 'What are tax credits?' to find out if you qualify and how to apply.
SAFETY IN THE WORKING ENVIRONMENT IF YOU ARE PREGNANT, IF YOU HAVE RECENTLY GIVEN BIRTH OR IF YOU ARE BREASTFEEDING
Your employer must make sure that both your work and the working conditions will not put you or your baby’s health at risk. You need to inform your employer in writing about your condition.
Your employer is required to take the following steps:
·Carry out a risk assessment at your workplace
·Do all that is reasonable to remove the risk
·Give you information on the protective measures
·If the risk still remains, your employer must alter your working conditions or hours of work, if it is reasonable to do so and would avoid risk
·If this is not possible or would not prevent the risk, your employer must offer you a suitable alternative job
·If this is not possible your employer must suspend you on full pay for as long as is necessary to avoid the risk
The DTI regulatory guidance on statutory maternity rights covers the above health and safety protocol in more detail and describes the working conditions and physical, biological and chemical agents which can affect the health and safety of new and expectant mothers in the document 'Maternity Rights'.
See also the Maternity Alliance factsheet on health and safety in the workplace for mothers of babies due on or after 6 April 2003 (under 'Free downloadable factsheets') and guidance and further information from the Health and Safety Executive.
TIME OFF FOR ANTENATAL CARE
Whatever hours you work and however recently you started your job, you have the right to take time off work to attend antenatal appointments without losing any pay. This includes time off for relaxation and parentcraft classes. Your employer may ask you to present a letter from your GP, midwife or health visitor confirming that these classes are part of your antenatal care.
If you are not paid or are refused time off you can make a claim to an industrial tribunal within three months.
PROTECTION AGAINST UNFAIR DISMISSAL OR DETRIMENT ON MATERNITY RELATED GROUNDS
It is against the law for your employer to dismiss you, select you for redundancy or treat you unfairly for any reason connected with pregnancy, childbirth or maternity leave, regardless of the length of employment or how many hours a week you work.
If you are dismissed or made redundant while you are pregnant or during your maternity leave your employer must give you a statement of the reasons in writing. You should not have to ask for this.
If you believe you have been dismissed for a reason related to your pregnancy you are entitled to make a complaint of unfair dismissal to an employment tribunal. You must put your claim in to the tribunal within three months of dismissal.
Following changes to maternity rights in December 1999, women are now protected from unfair treatment at work in connection with pregnancy, childbirth or maternity leave. Again, if you feel you have been treated unfairly on these grounds you can take your case to an employment tribunal.
MATERNITY LEAVE
There are two kinds of maternity leave, ordinary maternity leave and additional maternity leave.
If you are employed, you are entitled to ordinary maternity leave regardless of the number of hours you work a week or your length of service with your current employer. Employees whose babies are due on or after 6 April 2003 are entitled to 26 weeks ordinary maternity leave.
The law does not allow you to return to work for two weeks after giving birth. This period is known as compulsory maternity leave and makes up a part of your ordinary maternity leave.
If you have completed 26 weeks continuous employment with your current employer by the beginning of the fourteenth week before the week you are due you are entitled to take additional maternity leave of 26 weeks. Additional maternity leave begins immediately at the end of ordinary maternity leave, giving women who qualify up to one year off. Additional maternity leave is usually unpaid.
During maternity leave you are entitled to all the benefits of the terms and conditions of your employment except for your salary. The entitlement to paid holiday under the Working Time Regulations is not affected by maternity leave.
If you work for more than one employer, you will have separate maternity rights in relation to each.
When can I start maternity leave?
You can start your maternity leave any time from the 11th week before your baby is due. You must notify your employer of your intention to take maternity leave by the end of the 15th week before the week you are due and at least 28 days before you intend to start your leave; you must let the employer know you are pregnant, when your expected week of childbirth is and the intended date of starting maternity leave. Your employer must respond within 28 days to inform you of your entitlements. The notice period is the same whether you are taking ordinary maternity leave or both ordinary and additional maternity leave. You will probably need to present your maternity certificate (form MATB1) as proof of your due date. Your doctor or midwife will give you your maternity certificate no more than 14 weeks before the baby is due – you will generally receive it in the 27th week of pregnancy.
If you want to come back to work before the end of ordinary or additional maternity leave you must give your employer 28 days notice.
If you intend to return to work at the end of your ordinary maternity leave no further notification is required. If you qualify for additional maternity leave, you should let your employer know when the baby is born so that both you and your employer can plan your return.
See the DTI guidance on returning to work after maternity leave.
MATERNITY BENEFITS & GOVERNMENT ASSISTANCE
As a starting point, the ‘Money for Mothers and Babies Factsheet’ from the Maternity Alliance has a good checklist of benefits for mothers, means-tested and universal.
NHS Dental treatment & prescriptions
You are exempt from charges for NHS dental treatment and prescriptions during your pregnancy and for a year after the birth of your baby. If you are in England or Wales, you should ask your midwife or GP for form FW8 and send it to your Health Authority; in Scotland, send the form to the Health Board; in Northern Ireland, to the Central Services Agency.
Statutory Maternity Pay
You are entitled to Statutory Maternity Pay which is payable by your employer for up to 18 weeks if you have been:
- Employed by your present employer, in a full- or part-time capacity, in the 15th week before the week your baby is due.
- Employed by that employer without a break for at least 26 weeks by the 15th week before the week your baby is due.
- Earning enough on average (currently £75 a week) to be relevant for National Insurance (NI) purposes.
There are two rates of statutory maternity pay. You will receive the higher rate - 90% of your average earnings - for six weeks and, as of 6 April 2003, £100 week (or 90% of average weekly earnings if this is less) for up to 20 weeks. Women whose expected due dates were before 6 April 2003 are entitled to £75 per week (or 90% of average weekly earnings if this is less) after the first six weeks.
You’ll need to give your employer at least 28 days notice of the date you wish them to begin paying your statutory maternity pay and may need to do so in writing. You will probably need to show your maternity certificate (form MATB1) as medical evidence of your due date. Your doctor or midwife will give you your maternity certificate no more than 14 weeks before the baby is due – you will generally receive it in the 27th week of pregnancy.
You may have contractual rights to maternity pay that are better than your statutory rights. Check your contract. If you have questions about your contractual rights and how to exercise them it may be worth consulting your local Citizens Advice Bureau.
Maternity Allowance
If you do not qualify for Statutory Maternity Pay, but are employed or self-employed, earning on average £30 a week or more, you may be able to get Maternity Allowance from the DWP.
You may be eligible even if you gave up work or changed jobs during pregnancy but have paid full-rate National Insurance contribution for at least 26 of the 66 weeks before the week in which the baby is due.
If in doubt, claim. Your social security office will work out whether you can get the benefit or not.
Incapacity Benefit
If you do not qualify for Statutory Maternity Pay or Maternity Allowance but have worked and paid National Insurance contribution in the last three years, you may be able to get Incapacity Benefit.
It is a weekly benefit paid from six weeks before the birth of your baby until two weeks after the birth.
You should claim as soon as you can after you are 26 weeks pregnant. Do remember to send your maternity certificate, form MATB1.
Sure Start Maternity Grant
A Sure Start Maternity Grant is a one-off payment from the Social Fund, which is intended to help new parents on a low income buy things for their baby. You will need to be receiving one of a number of benefits in order to qualify.
You can claim from the 29th week of your pregnancy to three months after the baby is born.
In April 2002, Sure Start Maternity Grants increased from £300 to £500.
Child Benefit
Child Benefit is a tax-free social security benefit paid to people who are bringing up children; you do not need to be the child's parent to claim the benefit. It is not means-tested and is paid for each child in your care until the child reaches the age of 16 (or in some cases, 19).
You are entitled to Child Benefit as soon as your baby is born. Don’t delay in sending the claim form - if you do, you may lose money as the benefit can only be backdated for a limited period.
If you are a single parent you will receive a higher rate for your eldest or only child.
For further information on child benefit, how to claim and what the present benefit rates are, visit the Inland Revenue website.
Child Tax Credit
Child Tax Credit (CTC) was introduced on 6 April 2003 and replaces the Children's Tax Credit. Administered by the Inland Revenue, it is payable to people who are responsible for at least one child or qualifying young person and is paid directly to the person with primary responsibility for looking after the child or children. It is paid at a higher rate for families with lower incomes and for families with a child under one or a disabled child. Families with combined incomes of up to £58,000 will be able to claim it and those with combined incomes of up to £66,000 will also receive some help during the first year of a child's life. This tax credit is paid on top of child benefit. Couples must apply jointly. Find out if you qualify and how to apply. You can also try the New Tax Credits Helpline on in England, Scotland and Wales and in Northern Ireland. See the Citizen's Advice Bureau site for more more help on claiming.
Working Tax Credit
Working Tax Credit (WTC) also came into effect on 6 April 2003. It is a means-tested allowance paid through the wage packet and is available to couples without children as well as people with kids. In order to qualify, you need to be working 16 hours or more each week on average and this must be paid work. There is a 'childcare element' to help working parents cover childcare costs.
Find out if you qualify and how to apply. You can also try the New Tax Credits Helpline on in England, Scotland and Wales and in Northern Ireland. See the Citizen's Advice Bureau site for more more help on claiming.
Income Based Jobseeker’s Allowance and Income Support
If you are not working or working less than 16 hours a week on average 11 weeks before you give birth, you can collect income support without needing to be ‘available for work’. Receiving income-based Jobseeker’s Allowance and Income Support is also a precondition for qualifying for other maternity benefits, such as Maternity Grants and Social Fund loans. The Maternity Alliance recommends that you tell your social security office as soon as your pregnancy is confirmed by a doctor – you will need proof in the form of a MATB1 certificate – so you can work out any changes to your entitlements once your baby is born.
RIGHT TO RETURN TO WORK
You have the right to return to work after your maternity leave. Your employer must give you the same job or, if that is not reasonably practicable, a suitable job on similar terms and conditions with similar status.
MATERNITY RIGHTS IF A BABY IS STILLBORN
Maternity Leave
If your baby is stillborn after the 24th week of pregnancy you have the same rights to maternity leave.
Maternity Pay
If your baby is stillborn before the 25th week of your pregnancy you will not be able to get Statutory Maternity Pay but you may be able to get Statutory Sick Pay. This is something you should discuss with your employer. If your baby is stillborn after the 25th week of pregnancy you are entitled to the same maternity benefits as you would have had the baby been born alive.
PATERNITY LEAVE
From April 2003, working fathers have the right to two weeks of paid paternity leave at the same flat rate as Statutory Maternity Pay. For more information see a basic summary of paternity rights and pay as well as more detailed guidance from the DTI. You will need Adobe Acrobat Reader tosome of the DTI documents (which you can download for free).
LEAVE FOR ADOPTIVE PARENTS
As of 6 April 2003, new rights for adoptive parents have come into effect. Eligible employees are now entitled to adoption leave and pay. See a basic summary of the new rights and more detailed guidance from the DTI. You will need Adobe Acrobat Reader tosome of the DTI documents (which you can download for free).
FLEXIBLE WORKING
As of 6 April 2003, parents of children aged under six or of disabled children aged under 18 have the right to apply to work flexibly providing they have worked the qualifying length of service. Your employers have a statutory obligation to consider your application seriously. See a basic summary and more detailed guidance from the DTI. You will need Adobe Acrobat Reader tosome of the DTI documents (which you can download for free).
EMPLOYMENT LAW ADVICE
If you feel that any of your statutory maternity rights have been infringed, there are a number of organisations that can help you. To begin with, the DTI regulatory guidance on Statutory Maternity Rights covers complaints to employment tribunals – how to make them, when to make them and what remedies might be available. The DTI recommends that employees first try to resolve the matter with the employer directly – if you haven’t gone that route first, any compensation you are awarded by an employment tribunal down the line may be reduced. DTI telephone and email contact information is available on the DTI website – look for the working parents section.
You and your employer may seek advice from the Advisory, Conciliation and Arbitration Service (ACAS). ACAS is an independent and impartial industrial relations body which helps parties to resolve and prevent disputes by providing advisory mediation. To speak to someone about employment law issues you can contact ACAS through its regional offices and telephone enquiry service. You can also call or visit your local Citizens Advice Bureau.
The Equal Opportunity Commission (EOC) is the expert body on equality between women and men in the UK; it aims ‘to advise you of your rights and to encourage you to exercise them’. On the EOC website, you’ll find a list of publications that you can download but you’ll need Adobe Acrobat Reader tothem (download free). The EOC takes enquiries from the public on matters of sexual discrimination.
ORGANISATIONS
The Maternity Alliance is an independent national charity, which provides expert information and specialist legal advice on aspects of maternity benefits and rights to pregnant women, new mothers and their families. You can call the information line on , visit the website’s information pages, or order leaflets on all manner of maternity-related issues. The charity is based at 45 Beech Street, London EC2P.
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