| Rights for employees | | | | give your employer at least 28 days' notice |
| | | | if you want to return to work. You have the |
| By law, all pregnant employees are entitled | | | | right to return to your old job or to similar |
| to ordinary maternity leave of 26 weeks. | | | | job on no less favourable terms. |
| Employees who worked for their employer | | | | |
| continuously for at least 12 months are also | | | | If you also have a right to take maternity |
| entitled to an additional maternity leave. | | | | leave under your contract, you may take |
| Employees may have additional leave rights | | | | advantage of only the more favourable of your |
| under their contracts. Employees have the | | | | rights. |
| right to return to work at the end of their | | | | |
| maternity leave. If refused, or otherwise | | | | Remedies |
| treated unfavourably, they may also have | | | | |
| additional claims for unfair dismissal and | | | | If your employer breaches any of your |
| sex discrimination. | | | | maternity rights, or otherwise treats you |
| | | | unfairly because you are pregnant, you are |
| Prescribed procedure | | | | likely to have a sex discrimination claim. In |
| | | | addition, if you are not allowed to return to |
| To take maternity leave, you must follow a | | | | work at the end of your maternity leave, you |
| prescribed procedure. You will have to inform | | | | will be treated as having been dismissed and |
| your employer of your pregnancy, the expected | | | | may have a claim for automatic unfair |
| week of birth, the date on which you would | | | | dismissal. If you are made redundant whilst |
| like to start your maternity leave and, if | | | | on leave, you may also have a claim for |
| you are absent from work for a | | | | redundancy payment. |
| pregnancy-related reason, the reason for your | | | | |
| absence. | | | | For unfair dismissal and sex discrimination, |
| | | | the most common remedy is compensation. |
| You cannot start your maternity leave before | | | | Compensation for sex discrimination has no |
| the beginning of the eleventh week before the | | | | upper cap but will be limited to an amount |
| expected week of birth, unless you gave birth | | | | which will put you, as far as possible, in |
| earlier. You may start your leave before the | | | | the position you would have been in had you |
| notified date if you are absent from work for | | | | not been discriminated against. |
| a pregnancy-related reason. | | | | |
| | | | Compensation for unfair dismissal is divided |
| Maternity leave periods | | | | into a basic award and a compensatory award. |
| | | | The compensatory award depends on your actual |
| By law, there are two maternity leave | | | | losses and is capped. You have to take |
| periods: | | | | reasonable steps to minimise your losses, for |
| | | | example, to look for another job. |
| Ordinary maternity leave. This lasts for 26 | | | | |
| weeks. You have the right to return to your | | | | If your employer breached the terms of a |
| old job at the end of your leave on terms and | | | | contractual leave policy, you may also have |
| conditions no less favourable than would have | | | | claim for breach of contract. |
| applied if you had not been absent on leave, | | | | |
| provided you give your employer at least 28 | | | | Complaints |
| days' notice. During your leave, you are | | | | |
| entitled to your contractual benefits, except | | | | You should make your complaints at the |
| for remuneration. You are likely to be | | | | employment tribunal which is local to where |
| entitled to Statutory Maternity Pay (SMP). | | | | you work (or worked). Sex discrimination, |
| | | | unfair dismissal and breach of contract |
| Additional maternity leave. This is available | | | | claims must normally be presented within 3 |
| if you have worked for your employer | | | | months of the effective date of termination. |
| continuously for at least 26 weeks at the | | | | A claim for redundancy payment has to be made |
| beginning of the 14th week before the | | | | within 6 months of the relevant date. Only in |
| expected week of birth. It starts at the end | | | | truly exceptional circumstances, a tribunal |
| of the ordinary maternity leave and can last | | | | may allow you to make a complaint out of |
| for up to an additional 26 weeks. Your | | | | time. You may, as an alternative, bring a |
| contract of employment continues during the | | | | breach of contract claim in the county or |
| leave period and some contractual benefits | | | | high court, within six years of the effective |
| and obligations remain in force. You have to | | | | date of termination. |