Maternity Leave - Rights for Employees

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