Maternity Rights
All women are expected to be treated fairly by their employers when pregnant. As such, there is no minimum term to have worked before a pregnant employee can claim unfair dismissal: any dismissal for a reason connected with the pregnancy is automatically considered unfair. The employer is entitled to request a medical certificate as evidence of the employee’s pregnancy, after she has attended her first appointment.
Should the employee be required to attend antenatal classes and other medical appointments she is entitled to do so at her normal rate of pay. There is no onus on the employee to attend these sessions outside of normal working hours.
The idea is that the employer cannot ‘unreasonably’ refuse to let the employee go. If the employee works part-time, for example, it might be deemed reasonable that she organises her antenatal classes outside her working hours.
Maternity Leave & Pay
All pregnant employees are entitled to take 52 weeks' statutory maternity leave (SML) around the birth of their child. The SML period is made up of 26 weeks' ordinary maternity leave (OML) followed immediately by 26 weeks' additional maternity leave (AML). There are many conditions and additional rights for pregnant employees: visit www.direct.gov.uk.
Parental leave
Mothers who do not qualify for Additional Maternity Leave, and fathers, are entitled to 13 weeks unpaid parental leave per child (up to the age of five) if they have completed one year’s continuous service. Parents with disabled children can take 18 weeks per child up to the age of 18.
It should be noted that the employee only has the right to return to the same job if he or she has taken four or less weeks off; if any more time is taken that right is limited to a similar, if not the same job.
Fathers are also entitled to claim paternal leave and pay.
Paternal leave and pay
Entitlement to Paternity Pay is in addition to the 13 unpaid weeks’ Parental Leave. Two weeks paid leave is available to the biological father (or the mother’s husband or partner) providing the employee has completed 26 weeks continuous service with the company. This is paid at the same rate as Statutory Maternity Pay (£106 a week), or 90% of the employee's weekly earnings, if this is less.
Paternal Leave was a new right under the Employment Act 2002 and only applies to babies born or, placed for adoption, on or after April 6th, 2003. It must be taken within 56 days of the predicted week of child birth (or placement for adoption) or, if earlier, the actual birth. It can be taken in a single block of one week or two weeks. The employee is entitled to return to the same job at the end of leave.
To claim, the mother must qualify for statutory maternity leave.