Finding out you are pregnant will often be an exciting and joyous time. However, Lincs Law are often contacted by pregnant employees who are unsure about their pregnancy rights. This blog looks to provide a clear explanation on what your statutory rights are relating to Maternity Leave and Maternity Pay.
This blog focuses on the statutory rights relating to maternity pay and maternity leave. Your employer may offer enhanced rights under their own company policies. It is therefore important to always check your employer’s policies relating to pregnancy and maternity.
Statutory Maternity Leave
Statutory Maternity Leave is the amount of time you are allowed to take off work towards the end of your pregnancy and after the baby is born.
There are two eligibility criteria to allow you to take Statutory Maternity Leave. These are:
- You must be an employee and not a worker or self-employed.
- You must give your employer the correct notice. You must tell your employer your Due Date and the date which you intend to start Statutory Maternity Leave at least 15 weeks before your Due Date.
The general entitlement to Statutory Maternity Leave is 52 weeks. This is broken down into two stages:
- Ordinary Maternity Leave – This is the first 26 weeks after your baby is born
- Additional Maternity Leave – This is the remaining 26 weeks.
You do not have to take all 52 weeks of your Statutory Maternity Leave. However, you do have to take the first two weeks after your baby is born.
There are some specific exceptions for if your baby is born early or if you are unwell with pregnancy related sickness in the 4 weeks prior to your Due Date.
Statutory Maternity Pay
Statutory Maternity Pay is the income you will receive whilst you are on Statutory Maternity Leave.
The eligibility criteria for Statutory Maternity Pay is different to the criteria for Statutory Maternity Leave (discussed above). The criteria for Statutory Maternity Pay are:
- You must be either an employee or worker.
- You must give at least 28 days’ notice of the day you want your Statutory Maternity Pay to start.
- You must provide proof of your pregnancy – this is usually provided by the MATB1 certificate given by your midwife or doctor.
- You must have been employed for at least 26 weeks at the start of your qualifying week. The qualifying week is the 15th week prior to your Due Date.
This definition can cause confusion among expectant mothers. As such, I find it useful to provide my clients with a worked example: –
Ms X has an Expected Due Date of 04 November 2024. Her qualifying week will be 22 July 2024 (15 weeks before her Due Date). To qualify for Statutory Maternity Pay, Ms X needs to have worked for her employer for a minimum of 26 weeks by 22 July 2024.
You can receive Statutory Maternity Pay for 39 weeks. For the first 6 weeks you are entitled to 90% of your average weekly wage. Thereafter, you are entitled to £184.03 or 90% of your weekly wage (whichever is the lowest) for the remaining 33 weeks.
Pregnancy and Maternity Discrimination
It is unlawful for your employer to treat you less favourably because you are pregnant or are on maternity leave. Likewise, it is unlawful for your employer to refuse eligible mothers Statutory Maternity Pay or Statutory Maternity leave.
If you have been discriminated against based on pregnancy or maternity, you may have claims at the Employment Tribunal. It is important to take specialist employment advice as soon as possible. There are strict time limits to bring a claim at the Employment Tribunal. For more information, please see our blog: https://lincslaw.co.uk/blog/what-are-the-time-limits-for-employment-tribunal-claims-2/
How Can Lincs Law Help You
If you would like further help and advice in respect of employment issues, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information on the assistance we can provide, please visit our website at https://lincslaw.co.uk/services/employees/
Tags: Employment Solicitors Lincoln jasmine stewart lincs law employment solicitors maternity rights Pregnancy and Maternity Rights Statutory Maternity Leave Statutory Maternity Pay