If you are working right now and are pregnant or trying for a baby, you may be wondering what the law says in regards to maternity rights. The good news is that in the UK, you can expect a good level of support when you are expecting a child. For example, you can be entitled to maternity leave and maternity pay.
When you have given birth, you have the right to enjoy up to one year of maternity leave from your work. This is a right that everybody can enjoy if they have had a baby and are currently employed by a company. There is no set criteria for this right; everybody can take maternity leave no matter how long you have been employed or how much you are being paid. It does not matter whether you work 16 hours a week or 32 hours, you can enjoy maternity leave.
The most important thing to note is that employees are entitled to maternity leave. In other words, if you are classed as a worker, you will not be able to have the right to maternity leave with an employer.
The following workers are not entitled to maternity leave when they are having a baby:
You are entitled to maternity pay during maternity leave. This can be paid for up to 39 weeks. For example, the first six weeks of maternity leave, you should receive 90 percent of your weekly earnings. The next 33 weeks should be £151.20 or 90 percent of your average weekly earnings.
Advanced notice is important for your employer when it comes to maternity leave. At least 15 weeks before your due date, you should make your employer aware that you are currently pregnant. In addition, inform them of when your baby is due and that you wish to take maternity leave. While you can talk to your employer, it is always best for this process to be in writing. This means you will have a record of it.
Some employers will want formal verification that you are expecting a baby to grant maternity leave. For example, they may as you for your MATB1 form, which is a medical certificate you should have been given. Normally, you can get this at an antenatal appointment. In particular, you can receive the certificate at your 20-week scan.
You are entitled to start maternity leave from your employer any time from 11 weeks before the baby is due. This means that you can work any time that you want before it is time to take some time off.
There are two instances when your maternity leave may have to start earlier than planned. This is if the baby is born early or you are sick and off work four weeks before your due date. No matter when your maternity leave starts, it will last for one year. The only way this will be shorter is if you ask your employer to return to work before this time.
You cannot have maternity leave that lasts longer than one year. However, you can expand this time by taking holiday before or have your maternity leave begins. This will give you more time at home with your new-born child.
Fathers are also entitled to paternity leave and pay if their partner has had a baby. You are able to take one- or two-weeks paternity leave. There are some qualifications to enjoy paternity leave. You must:
During your paternity leave, you are also entitled to paternity pay. You need to earn at least £120 a week to qualify. Make sure that you alert your employer in advance for paternity leave. You can choose to take this time as soon as the baby is born or after the birth of your baby. Notice should be by 15 weeks before the due date of your baby.
If you are adopting a child with your parent, it is still possible to enjoy leave and pay during this time. Again, you will need to be employed and give them proof of the adoption in order to enjoy this time off. For example, a mother or a father can take adoption leave and this can be up to 52 weeks. The other partner will still be able to take paternity leave or you can choose to share parental leave. The rules on statutory adoption pay are similar to maternity pay.