Focus on "Maternity leave and pay"

The law regarding maternity leave and pay is complex and frequently updated. All employers have legal obligations regarding maternity leave and pay and should be aware of the following:

• It is unlawful to dismiss a woman because of pregnancy or maternity
• Every pregnant employee has a right to paid time off for antenatal care
• Every pregnant employee has a right to 18 weeks continuous maternity leave
• Employers must pay statutory maternity pay to qualifying employees
• Any pregnant employee must be suspended from work on full pay if there is an unavoidable health or safety risk to her and no suitable alternative work is found
• Pregnant women must not work, or be permitted to work by an employer during the two weeks beginning with the date of childbirth

• Every pregnant employee has a right to take 18 weeks basic maternity leave. She is entitled to return to her normal job on the same terms and conditions as if she had not been absent
• Women with more than one year's service by the beginning of the 11^th week before the baby is due are entitled to additional maternity absence, which continues up to the 29^th week after the baby is born. Following this, employees are normally entitled to return to their old job, but employers with five or fewer employees are not obliged to take back a woman after additional maternity absence if to do so would not be reasonably practicable
• The employee may postpone the intended date of return by up to four weeks as a result of sickness
• Provisions introduced under the Employment Relations Act 1999 give parents the right to take unpaid leave of up to 13 weeks (probably spread over two or more periods) during the first five years following the birth or adoption of a child

• Employers must pay statutory maternity pay (SMP) for up to 18 weeks to any employee who meets certain qualifying conditions. The main qualifying conditions are having at least 26 weeks service by the end of the 15^th week before the baby is due and average earnings of £66 or more per week. (Women who do not qualify for statutory maternity pay may be entitled to claim maternity allowance, which is paid by the Benefits Agency for up to 18 weeks)
• The statutory maternity pay rate is 90% of the woman’s normal salary for the first six weeks and the basic rate of SMP (which is currently around £62) for up to twelve weeks thereafter
• Employers can claim reimbursement of statutory maternity pay by way of deductions from subsequent NI contributions
• Forms for statutory maternity pay are available from Benefits Agency offices

Rights to maternity leave and pay are made under various pieces of legislation and the above is just an overview of the main points relevant to a small employer. Further information is available from various sources including the Equal Opportunities Commission and the Maternity Alliance (Tel 020 7588 8582 Website: www.maternityalliance.org.uk)

The DTI publication Maternity Rights (ref no. URN 99/1191) is available free of charge from the DTI Publication Orderline (Tel 0870 1502 500)

The Health and Safety Executive publication New and expectant mothers at work: A guide for employers (ref no HSG122) offers guidance on assessing health and safety risks and is available from TSO bookshops or direct from HSE Books (Tel 01787 881165)