I was contacted recently by a pregnant employee seeking advice on what particular rights she has at work as a result of her pregnancy. In this blog I set out the key statutory rights for pregnant employees and those taking and returning from maternity leave. Read on for more information.
What Are The Key Statutory Rights For Pregnant Employees?
Time Off for Antenatal Appointments
If you are pregnant you have a statutory right to paid time off during working hours in order to receive antenatal care, regardless of your hours of work or length of service.
Health and Safety
Your employer is under a general duty to protect the health and safety of its employees in the workplace. Particular obligations apply in respect of new or expectant mothers. In summary your employer must:
- assess the workplace risks posed to new or expectant mothers or their babies;
- alter your working conditions or hours of work to avoid any significant risk (if possible);
- where it is not reasonable to alter working conditions or hours, or this would not avoid the risk, offer you suitable alternative work on terms that are not substantially less favourable;
- where suitable alternative work is not available, or you reasonably refuse it, your employer may suspend you on full pay.
Maternity Leave
You are entitled to up to 52 weeks’ maternity leave made up of ordinary maternity leave and additional maternity leave, regardless of your length of service. This does not mean that you have to take the maximum leave entitlement. You can return to work earlier if you wish.
Statutory Maternity Pay
Statutory Maternity Pay (SMP) is available provided you earn at least the lower earnings limit (the amount of earnings that allow an employee to qualify for certain State Benefits) and have at least 26 weeks’ continuous service at the end of the qualifying week, which is the 15th week before the expected week of childbirth and you are still employed during that week. Total SMP entitlement lasts 39 weeks.
Shared Parental Leave
Shared Parental Leave gives parents a more flexible way to take leave in the first year after the birth of a child. The mother may limit her statutory maternity leave so that she can take shared parental leave provided the other parent is (or has recently been) in paid work. If the other parent is an employee with qualifying service they may also take shared parental leave. Parents can decide how they allocate the leave entitlement between them.
Rights on Returning to Work
If you take maternity leave and/or a period of shared parental leave where the total leave is 26 weeks or less, you are entitled to return to the job in which you were employed before your absence. The terms of employment must be the same as or not less favourable than they would have been had you not been absent, unless a redundancy situation has arisen. After additional maternity leave, you are generally entitled to return to work to the same job, on the same terms and conditions as if you had not been absent but your employer has a bit more flexibility if it is not reasonably practicable to permit you to return to the same job (for example, if there has been a reorganisation). In this situation you are entitled to return to a different job which is both suitable for you and appropriate in the circumstances. The terms and conditions must not be less favourable than they would have been had you not been absent.
Redundancy And Suitable Alternative Vacancy
If a redundancy situation arises during your maternity leave and it is not practicable by reason of redundancy for your employer to continue to employ you under your existing contract, you are entitled to be offered a suitable alternative vacancy (where one is available) to start immediately after your existing contract ends. This gives you priority over other employees who are also at risk of redundancy.
Flexible Working Requests
Employees with 26 weeks’ continuous service are entitled to request flexible working for any reason. When you return from maternity leave you may want to return on different days or hours to fit in with childcare. Your employer must deal with your request in a reasonable manner and notify the outcome to you within a three-month decision period.
Breastfeeding
Breastfeeding covers both feeding the baby and expressing milk. Your employer is required to assess the risks to its employees, including those who are breastfeeding, and to do what is reasonably practicable to control those risks. There is no statutory right to time off work for breastfeeding. There is also no legislation which requires the specific provision of facilities for breastfeeding or expressing milk. However, Health and Safety Executive guidance recommends that employers should provide facilities such as a private, clean environment (other than toilets) for expressing milk and a fridge for storing it.
Unfair Dismissal, Detriment and Discrimination
It is automatically unfair (at any time) for your employer to dismiss you or to select you for redundancy when the reason or principal reason for the dismissal (or selection for redundancy) is connected to your pregnancy, the fact that you have given birth, or the fact that you have taken statutory maternity leave. You are also protected against being subjected to a detriment (at any time) for a reason connected to your pregnancy or statutory maternity leave. It is unlawful, for example, for your employer to dismiss you or subject you to a detriment because you have taken time off work due to a pregnancy related illness, see https://lincslaw.co.uk/blog/problems-with-pregnancy-related-sickness-at-work/ . In any of these situations you may have a claim for pregnancy and maternity discrimination.
Lincs Law Employment Solicitors Can Help You
The above is a summary of key rights for pregnant employees. Not all rights are available to agency workers or non-employees. If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
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