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Maternity rights given by the law
This information is only relevant for women
whose babies were born on or after 30 April
2000. Different rules apply for before this
date.
There are a number of statutory rights for
pregnant women:
They can take time off work for ante-natal
care;
They have the right to work in a safe
environment;
They can claim unfair dismissal if dismissed
because of pregnancy;
They can take 18 weeks' maternity leave;
Some can be away from work for up to 40
weeks;
Some have a right to maternity pay;
They have the right to return to work after
having a baby;
Who qualifies for statutory maternity
rights?
With a few exceptions, all pregnant women
are entitled to 18 weeks maternity leave,
but when it comes to pay entitlement, it
depends on how long she has worked for her
employer. If she is not entitled to the
statutory pay, she might be able to claim
contractually. If she falls outside both of
these groups she may be able to claim
Maternity Allowance from the Benefits
Agency. A longer period of 40 weeks leave is
available if she has been working for the
same employer for one year and three months
by the time the baby is due. 21 days before
taking leave: she must tell her boss that
she is pregnant; when the baby is due; and
when she wants to take the first day of
maternity leave.
Returning to work
A woman does not have to give the employer
any notification of returning to work unless
she coming back earlier than expected. If an
employer refuses to giver her former job
back, the woman can bring a case of unfair
dismissal and sex discrimination.
Pay during leave
Contractual rights are not preserved while a
woman is on maternity leave, but there may
be a clause in her contract giving paid
contractual maternity leave. Otherwise, she
may
be entitled to Statutory Maternity Pay or
maternity allowance.
Statutory maternity pay
A woman can claim if:
She has worked for the same employer for 26
weeks without any break. However, this must
extend into the 15th week before the baby is
due.
She is pregnant by the 11th week before the
baby is due;
She has average weekly earnings of more than
the national insurance lower earnings limit.
The earliest the MPP can begin is the 11th
week before the baby is due. The latest the
MPP can begin is the week after the week
when the baby is born.
How much can a woman receive from SMP?
The first rate is paid for the first six
weeks of maternity leave and is 90% of the
woman's average gross weekly earnings. The
lower rate of £60.20 is paid for the
remaining twelve weeks of the maternity pay
period.
Maternity allowance
This is an eighteen week tax-free payment
made to pregnant women who have been working
recently or who have stopped work to have a
child. Women are eligible so long as they
earn at least £30 per week on average. The
amount the woman receives increases if she
has an adult dependant. Self-employed women
may also be eligible for maternity
allowance. If they have paid national
insurance contributions they will get the
same rate of maternity allowance as
employees.
Maternity grants from the social fund
A maternity grant from the social fund is a
non-repayable fixed amount made towards the
cost of providing clothing and equipment for
a baby. The amount of a maternity grant is
£200 for babies due, born, adopted or the
subject of a parental order, before 3rd
December 2000. Following this date, the
grant will be £300.
Child benefit
This is paid weekly or four-weekly to
someone who is responsible for a child
aged under 16 (or under 19 if s/he is in
full-time education up to 'A' level or
equivalent).
No national insurance contributions are
necessary and the benefit is tax free. The
amount for a first or only child is £15 per
week and £10 per week for each subsequent
child.
More information on the employment issues
can be found on our Employment website
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