Maternity rights at work are still so often a contentious issue, despite the increasingly recognised importance of giving pregnant women and new parents sufficient options and support. The value of doing so extends far beyond the individuals, to employers, equality and society. But, when it comes to taking time out to have a baby, the fact is that companies still vary widely in the maternity and paternity benefits they offer to their employees. So it's vital to understand what we are entitled to, how to ask for more and when to take action. Employment lawyer Neha Thethi breaks it down.
When should you find out the maternity package offered by an employer or potential employer? Are there potential negatives to asking about it during the interview process?
Even though we should all feel able to talk as openly about maternity benefits as we do about other company perks, many women feel less able to talk about maternity. When to ask is a personal choice and it may depend on whether it will help you make a decision on taking a role. Women should certainly not be discriminated against for doing so, and if they are they may have a claim. Potential negatives arise if you’re met by employers with archaic attitudes about women or maternity. Would you want to work for that kind of employer? In our view, women should be bold about asking about their entitlements.
When are you required to tell your employer that you are pregnant?
Legally, employees must tell their employer about their pregnancy at least 15 weeks before the beginning of the week the baby is due. If this is not possible (for example, because they did not know they were pregnant) the employer must be told as soon as possible after the pregnancy is discovered. The employer will need to know when the employee intends to go on Maternity Leave.
If you are pregnant and applying for a new job, are you obliged to tell the potential employer?
You have no legal obligation to tell a potential employer that you are pregnant. Employers are prohibited from discriminating against job applicants due to pregnancy. For example, a potential employer cannot refuse to hire you because you are pregnant. However, if you secure a job whilst you are pregnant, in order to take Maternity Leave, you will need to tell your employer by the end of the 15th week before the baby is due. Employees may wish to tell employers earlier to benefit from health and safety protection or paid time off for antenatal care, as well as to ensure they benefit from protection against discrimination.
Read more: Ask An Expert: What Should I Do About The Gender Pay Gap?
What time off are you entitled to during your pregnancy (e.g. for antenatal appointments)?
Pregnant women are entitled to paid time off to attend antenatal care provided that the care has been recommended by a doctor, nurse or midwife, which in almost all cases it will be. There are protections against detriment or dismissal because of the exercise of those rights. You are under no obligation to make up the "lost" hours to your employer at a later date or to take annual leave to cover the time off.
**In the UK, what are the minimum maternity rights that you are entitled to in terms of leave and pay? What other factors should you look out for when considering an employer's maternity package? **
Pregnant employees have many legal rights, which include the following: the right to paid time off for antenatal care; the right to a risk assessment; Maternity Leave, Maternity Pay or Maternity Allowance; up to 10 "keeping in touch" (KIT) days during Maternity Leave; Shared Parental Leave; and protection against unfair treatment and discrimination.
When you take time off to have a baby, you might be eligible for Statutory Maternity Leave and Statutory Maternity Pay. Up to 52 weeks Maternity Leave can be taken, made up of Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the last 26 weeks). You do not have to take 52 weeks’ leave but you must take at least the two weeks’ leave after your baby is born (or four weeks if you work in a factory). Statutory Maternity Pay is paid for up to 39 weeks. The entitlement comprises 90 per cent of your average weekly earnings (before tax) for the first six weeks and then £148.68 or 90 per cent of your average weekly earnings (whichever is lower) for the next 33 weeks.
Read more: Alongside Alabama, We Must Care About Abortion Rights In The UK
What legal recourse do you have if you suspect that you have been turned down for a job or overlooked for a promotion because you are pregnant?
An employee must not be discriminated against because of her pregnancy or maternity leave when being considered for job vacancies or promotion opportunities. An employer should ensure job vacancies and promotion opportunities are communicated to all relevant staff, including employees who are pregnant or on Maternity Leave. If you have been turned down for a job or overlooked for a promotion because you are pregnant or on/intend to be on maternity leave, then you can complain to your employer by raising a formal grievance or pursuing an employment tribunal claim. It’s usually best to try and resolve the problem informally first, especially if you want to keep working with your employer.
The law that covers discrimination at work is the Equality Act 2010. The Act protects employees from certain types of discrimination including in respect of the protected characteristic of pregnancy and maternity. The protection covers a woman from when she becomes pregnant until her maternity leave ends. To demonstrate discrimination, a woman does not have to compare herself to how a man might have been treated but she needs to show that the treatment was because of her pregnancy or maternity leave.
What is Maternity Allowance and when are you eligible for it?
Maternity Allowance is usually paid if you don’t qualify for Statutory Maternity Pay. This is a benefit paid to pregnant women and new mothers who meet certain criteria. For example, if you’re self-employed and you pay Class 2 National Insurance, then you should be eligible for Maternity Allowance. You’ll need to show you’ve been in self-employment for at least 26 weeks and your earnings must average a minimum of £30 per week. Keep in mind, you won’t qualify for Maternity Allowance if you’re eligible for Statuary Maternity Pay.
Read more: Why Gender Equality Is One Of The Great Human Rights Causes Of Our Time
What are Statutory Paternity rights and what are the terms of Shared Parental Leave? Are companies required to offer it?
Statutory Paternity rights allow partners Statutory Paternity Leave and Pay, if they and their partner are having a baby, adopting a child or having a baby through a surrogacy arrangement. This can either be one whole week or two consecutive whole weeks.
Shared Parental Leave is a statutory regime introduced in 2015 allowing parents to share leave between them after birth or adoption. The mother or "primary adopter" must take the first two weeks of maternity leave or adoption leave. She can then choose to share up to 50 weeks of the leave with her partner. In order to be entitled for Shared Parental Leave, the mother and her partner (or, as the case may be, the adopter and the adopter’s partner) must meet certain eligibility requirements and conditions as to notice, declaration and evidence. For example, if you’re a couple, you’re raising a child together and you’re both in paid work then you are likely to qualify. One of you must be entitled to Maternity Leave, Statutory Maternity Pay or Maternity Allowance. In addition, if you’re the parent who wants to take Shared Parental Leave, then you must be an employee with at least 26 weeks service with your employer by the end of the 15th week before the baby is due. Some employers offer fully or partially paid paternity leave and/or Shared Parental Leave and therefore you should check your contract or ask your employer.
If you are adopting a child, are your leave and pay rights the same?
Yes, parents matched with a child for adoption have the same eligibility for statutory leave and pay as those taking maternity leave.
In what circumstances should you seek legal advice over your maternity rights?
You should promptly seek legal advice over your maternity rights if you believe you have been discriminated against on the grounds of your pregnancy or maternity leave; if you have concerns about sickness and health and safety during pregnancy; or concerns relating to time off for antenatal care or any other entitlements. The time limits for making a claim for pregnancy or maternity discrimination to an employment tribunal are short (normally three months [minus] one day from the act or last act of discrimination). This means that it is important that you act promptly.
Read more: As It Becomes More Commercial Than Ever, Let's Not Dilute The Meaning Of International Women's Day
If you're a freelancer or on a temporary, fixed-term or zero hours contract, what are your entitlements?
Self-employed parents do not have as many rights as employees. Self-employed women do not have the right to Statutory Maternity Pay unless you are also an employee. Instead, women can claim Maternity Allowance. If an individual is self-employed but they also have another job, they might be eligible for Statutory Maternity Leave. However, like every other employee, there are certain criteria that they must meet to get this pay.
During Maternity Leave, what rights should you have at work?
All employees have a statutory right to 28 days holiday a year, which can include bank holidays. Some employers offer more paid holiday than the statutory minimum. Women continue to accrue paid holiday, as if they were at work, throughout their Maternity Leave. It is always advisable to discuss with your employer when to take this holiday. For example, before the start of the Maternity Leave or at the end of the Maternity Leave or a mixture of both. Your employer may have to allow you to carry over more annual leave than normal to make sure you don’t lose any of the holiday you accrue during Maternity Leave.
The general rule in terms of redundancy is that if an employee’s position is at risk of redundancy during her period of maternity leave, she is entitled to be offered a suitable alternative vacancy where one is available. A woman on maternity leave has certain privileges in these circumstances under Regulation 10 of the Maternity and Parental Leave Regulations 1999. She should be offered any suitable alternative roles before other employees without having to attend interviews or take part in a selection process. Failure to comply with these Regulations renders a dismissal automatically unfair.
