MATERNITY AND PATERNITY RIGHTS AND ENTITLEMENTS

The information provided on the following pages provides a brief overview of your maternity, paternity and adoption rights as they currently stand.

Any figures are correct as of June 2024 but you are advised to check that you have the latest information so that you can claim your full entitlement to pay, allowances and leave. NB: To claim some of the benefits below, you will require your maternity certificate, MATB1 form. This will be given to you by your midwife when you are approximately 20 weeks pregnant.

Maternity Leave

From the first day of their employment, all female employees are entitled to 52 weeks’ maternity leave (26 weeks of Ordinary Maternity leave, with the right to return to the same job at the end, as well as a further 26 weeks’ unpaid ‘additional’ maternity leave). Provided you meet certain requirements, you can take this no matter how long you have been with your employer, how many hours you work or how much you are paid.

During your maternity leave, your employer must continue to give you any contractual benefits you would normally receive if you were at work (e.g., gym membership or staff discount). Similarly, if your employer contributes to an occupational pension, they must continue to do so while you are on maternity leave.

To qualify for Ordinary Maternity Leave, you must notify your employer that you are pregnant 15 weeks before the expected birth, telling them when the baby is due and the date you intend to start your maternity leave.

Some companies offer their own maternity leave scheme, so it’s worth checking your contract or staff handbook to see if you have additional maternity rights specific to your employer.

You can find out more about the current situation regarding maternity leave at www.gov.uk If you wish to change the date on which you plan to return from maternity leave, you will be expected to give your employer eight weeks’ notice. You are not legally allowed to work for the first two weeks after the birth, or the first four if you work in a factory.

The Government has introduced optional ‘keeping in touch days’, which allow you to work for up to ten days during your maternity leave period so that you remain informed about what is happening at work without the worry of losing your maternity pay. The Work and Families Act 2006 has also clarified that all women have a right to return to work after maternity leave, regardless of the size of their employer.  

You can find out more about your leave and pay entitlements from Maternity Action on www.maternityaction.org.uk

Statutory Maternity Pay (SMP)

SMP is paid for up to 39 weeks by your employer. You are entitled to Statutory Maternity Pay if you have worked for the same employer for at least 26 weeks before the ‘notification week’, i.e., the 15th week before your baby is due. You also need to be employed by that same employer during that 15th week and to be earning above a set minimum amount each week (currently £123 before tax, but this figure may be subject to change).

SMP is paid at a rate of 90% of your average weekly earnings for the first six weeks of your maternity leave (with no upper limit) and then either £184.03 per week or 90% of your average gross weekly earnings (if this is less than £184.03) for the remaining 33 weeks.

Your employer may well choose to pay extra, so it’s worth talking to their human resources or personnel department. Your employer will pay you Statutory Maternity Pay in the same way and at the same time as your normal wages, deducting tax and National Insurance as usual. To claim Statutory Maternity Pay, you must tell your employer at least 28 days before you intend to stop work to have your baby.

Your employer may need you to tell them in writing and you will also be asked to provide your MATB1 form as evidence of when your baby is due. Note: SMP can start anywhere from the 11th week before your baby is due or, at the latest, the day after the birth of your baby. If you work into the 11 weeks before your baby is due, your SMP will start from any day you choose once you have stopped work, which will normally coincide with the first day of your maternity leave.

Even if you don’t intend to return to work, you can still get Statutory Maternity Pay. You don’t have to repay it if you decide not to return to work. If you have more than one job, you may be able to get Statutory Maternity Pay from each employer.

If you decide not to return to your job, you must still adhere to the notice period specified in your contract.

Maternity Allowance

If you do not qualify for SMP, then you may qualify for Maternity Allowance. To claim, you generally need to be self-employed or earn an average of £30 a week for any 13 weeks within a given 66-week test period before the week the baby is due (not necessarily consecutively). You can claim £184.03 a week for a maximum of 39 weeks or 90 per cent of your average earnings (whichever figure is less). This is as long as you have worked for a least 26 weeks in the 66 weeks before your baby is due. Maternity Allowance is not liable to income tax or National Insurance contributions.

The earliest you can claim Maternity Allowance is from the 11th week before the week the baby is due, and the latest you can claim it is from the day following your baby’s birth.

 If you do not claim for SMP or Maternity Allowance, you may be able to claim Universal Credit or Employment and Support Allowance.

Informing your employer about your pregnancy

Unless your work is hazardous, it is not necessary to tell your employer about your pregnancy straight away. By hazardous, we mean where you are exposed to chemicals, lead, x-rays or are required to undertake heavy lifting.

For the record, there is currently no scientific evidence demonstrating that VDUs (visual display units or computer terminals) will put your pregnancy at risk.

Under the Maternity and Parental Leave (Amendment) Regulations 2008, women are required to inform their employers of their pregnancy 15 weeks before the date on which they are due to give birth.

Many women choose to wait until they have had their first scan at around 12 to 14 weeks to announce their pregnancy. However, if you are experiencing morning sickness or other pregnancy-related conditions, it may be wise to let your employer know that you are pregnant, so that your absence can be logged as pregnancy-related.

Finally, your employer is obliged by law to allow you time off from work to visit your antenatal clinic. They may ask for written confirmation that you are pregnant and proof of your appointments.

Antenatal or parent craft classes are considered part of your antenatal care. You cannot take paid time off for antenatal appointments until you have told your employer you are pregnant.

Breastfeeding at Work

Many women feel that they have to stop breastfeeding before their return to work but there are a number of regulations in place to help you continue breastfeeding if that is your wish. You should let your employer know in writing if you are planning to continue to breastfeed. They must then provide you with suitable rest facilities to express your milk or feed your baby. The Health and Safety Executive recommends a private, healthy and safe environment for nursing mothers to express and store their milk. Toilets are not considered as suitable for this purpose.

Your employer will also be expected to carry out a health or safety review in case expressing at work presents any risks to the mother or baby, this may apply to a factory using a high concentration of lead, for example. Finally, you are also entitled to take more frequent rest breaks if you are pregnant or breastfeeding.    

More information on your rights at work and resources for your employer are available from Maternity Action at www.maternityaction.org.uk

Paternity Leave

A maximum of two weeks paid Statutory Paternity Pay is available to fathers/partners who qualify. This is paid for one or two consecutive weeks at a rate of £184.03 per week or 90% of your average weekly earnings if this is less (although some employers may choose to pay more). The leave must be taken in one block within 56 days of the birth and can start on any day of the week on or following your child’s birth or placement (in the case of adoption).

 In order to qualify, the father/partner must have 26 weeks’ continuous service with an employer and must notify his employer that he intends to take Paternity Leave at least 15 weeks before the expected birth; there is a standard form, SC3, on the Gov UK website. You need to give 28 days’ notice if you wish to change this date.

If you have more than one job, you can take your entitlement separately for each job. You qualify for SPP from each employer if you meet the qualifying conditions for each job. In case of multiple births, you are only entitled to one period of paternity leave.

Shared Parental Leave

Shared Parental Leave has now replaced Additional Paternity Leave. This now gives parents more flexibility on how they share childcare during the first years of the child’s life.

You and your partner may be able to get Shared Parental Leave and statuary Shared Parental Pay if you meet the eligibility criteria. You will also need to inform your employer that you want to end your maternity leave and return to work.

You must each earn an average of £123 a week. The rate is paid at £184.03 or 90% of your average weekly earnings if this is less.

The number of weeks you will get depends on how many weeks there are left after the mother has ended her Maternity Leave and Pay. As long as both parents are eligible you can either take time off together or separately.     

You can also work up to 20 days during your Shared Parental Leave. This is called Shared Parental Leave in Touch. This is in addition to the 10 keeping in touch days that is available for mothers on maternity or adoption leave.

Adoption Leave Rights

Parents who have been successfully matched with a child by a recognised adoption agency may take up to 52 weeks’ Statutory Adoption Leave (split across 26 weeks’ Ordinary Adoption Leave and 26 week’s Additional Adoption Leave). If you have worked continuously for your employer for at least 26 weeks before the beginning of the week you are matched with a child, your Statutory Adoption Pay will be paid at a flat rate of £184.03 per week (or 90% of your average weekly earnings if this is less) for 39 weeks.

 If you wish to change the date of your return from adoption leave, you will be required to give your employer eight weeks’ notice. Optional ‘keeping in touch days’ will enable you to work for up to ten days during your adoption leave period.

New regulations also protect your right to return to work after adoption leave, regardless of the size of your employer.

Paid adoption leave is available whether a child is adopted from within the UK or from overseas, but some details may differ for parents adopting from outside the UK. We would advise visiting www.gov.uk for more information if this affects you.

Taking time off for dependents

Sometimes it is necessary to take time off to look after a sick dependent or in the event of a family emergency. This is sometimes included in the term ‘compassionate leave’. All employees are entitled to take unpaid leave in the event of an emergency to look after a spouse, partner, child, parent or anyone else living in their house as a member of the family. An emergency is defined as any unexpected or sudden problem involving someone who depends on your help or care, this may include a child becoming ill at home or school, if your arranged childcare falls through, bereavement or if a dependent has been injured or assaulted and needs emotional support, for example.

 If you do need to take time off for a dependent, you should let your employer know as soon as possible. You are entitled to a ‘reasonable’ amount of time off, usually this is just one or two days to sort out alternative childcare, for example, or to take your child to the doctor. However, if you do need longer than this, you should keep your employer informed in writing (there is no limit to the number of times you can take time off, as long as it is for a genuine emergency).

Events you know about in advance, such as taking your child to a longstanding hospital appointment, are not covered by compassionate leave and your employer has the right to ask you to take parental leave instead (see next section).

You can find more information about taking time off for a dependent or your right to compassionate leave at www.gov.uk.

Parental Leave

If you have a child under the age of 18, you have the right to ask for parental leave. To qualify, you must be an employee and have at least one year’s continuous service where you work. You must also be named as a child’s parent on their birth certificate or their adoption certificate, or have legal responsibility for the child in question.

Each parent can take up to 18 weeks’ parental leave for each child up to their eighteenth birthday. Separated parents are still entitled to parental leave as long as they still have formal parental responsibility for their children. Statutory Parental Leave is unpaid but some employers do offer paid parental leave. Companies may also choose to include foster carers or grandparents in their parental leave scheme.

If you don’t qualify for parental leave, you could ask your employer if you can book time off as annual leave, unpaid leave or ask about flexible working.

You can take a maximum of 4 weeks per year and these must be taken in weekly blocks, unless your child is disabled then you can take in shorter periods.