Equality Act 2010
At the point at which a woman becomes pregnant, they are automatically protected against discrimination. The period between the start of the pregnancy to the end of the maternity leave is known as the ‘protected period’ under the Equality Act 2010. If the woman has no statutory right to maternity leave or if she suffers a miscarriage or stillbirth before 24 weeks of pregnancy, the protected period will end two weeks after the date of childbirth or after the end of the pregnancy.
Antenatal care
Pregnant employees are entitled to paid time off for antenatal medical and other appointments recommended by the doctor, nurse or midwife.
Qualifying fathers and partners can take unpaid time off to attend up to two of those appointments. This can be paid, and any extra time taken with the employer’s consent or taken as holiday.
Maternity leave
Key terms:
The earliest date maternity leave can start is the beginning of the eleventh week before the baby is expected. The woman must notify her employer with details of her expected date and when she chooses to start maternity leave. The employer must respond within 28 days, stating the expected date of return after the maternity leave.
Employers should assume all 52 weeks’ leave will be taken unless notified to the contrary. Mothers can curtail part of the leave to enable their partner to take SPL. If returning to work earlier than planned, the employee should give at least eight weeks’ notice, unless shortened notification periods are agreed.
There is a distinction between the first six months and second six months of SML. The first six months or 26 weeks of leave is known as Ordinary maternity leave (OML). Employees have the right to return to the same job on the same terms as before maternity leave during this period. The second six months or 26 weeks is known as Additional maternity leave (AML). Employees who take more than six months’ leave have the right to return to the same job or a similar one if it's genuinely not reasonably practicable to return to the former job. Other key terms include Compulsory maternity leave which is the two weeks following the birth which all new mothers must take, even if they wish to return to work as soon as possible.
Maternity pay
Mothers are entitled to up to 39 weeks' Statutory Maternity Pay (SMP), they must:
- Meet certain National Insurance contributions lower earnings limit requirements
- Have 26 weeks' continuous service (assessed at the 15th week before the baby is due).
The first six weeks SMP is paid at 90% of average weekly earnings and the remainder at the lower statutory level. Current rates can be found on our Statutory rates page or from GOV.UK.
Some organisations have more generous contractual terms paying during the entire leave period. Women who do not qualify for SMP might qualify for Maternity Allowance (MA).
Other benefits during maternity leave
All contractual terms (such as holidays or benefits) apart from remuneration continue during SML. This means that paid holiday entitlement accrues during maternity leave. Pension arrangements are more complex. CIPD members can see more in our Q&As on maternity, paternity, shared parental and adoption leave and pay.
Other rights
Pregnant women are also entitled to other rights, including:
- Special protection in a redundancy situation. Until 5 April 2024 women on maternity leave should be prioritised for a suitable alternative offer in a redundancy situation for the period of their leave. From 6 April 2024 the point at which a woman notifies the employer of their pregnancy until 18 months after the birth of a child, the employee should be offered a suitable alternative vacancy if one is available.
- Pregnant women have the right to request risk assessments during pregnancy.
- There are rights to request alternative work where any risks to the expectant mother's or baby's health can be avoided.
- Full pay on maternity suspension if health and safety risks can’t be avoided by reasonable changes to working conditions.
- Women are protected from detriment, unfair treatment or dismissal because of the pregnancy, maternity leave, etc. For example, not allowing employees to return to work because of breastfeeding.
- Up to ten ‘keeping in touch’ (KIT) days during maternity leave without losing any maternity pay if available.