10 pregnancy and maternity work rights all women should be aware of
LISA SALMON talks to an expert to outline the most important things that expectant working women and new mums need to know
WHEN working women find out they’re pregnant, their thoughts will normally centre on their growing baby, rather than their rights at work. But as the pregnancy progresses, or soon after the baby’s born, those rights may become a crucial issue.
Joeli Brearley, founder of support group Pregnant Then Screwed (pregnantthenscrewed.com) says she wants to help pregnant women and new mothers who have problems at work.
Mum of two Joeli, 39, points out that 54,000 women a year in the UK are pushed out of their job for “daring to procreate”, and 77% of mums encounter discrimination in the workplace. “When women know their legal rights, and have the confidence to stand up to employers who are treating them unfairly, it’s much more likely the discrimination will stop,” she says.
Here are her top 10 maternity rights.
1 AUTOMATIC YEAR OFF
YOUR employer should assume you’ll be taking 52 weeks’ leave if you don’t tell them otherwise. But if you planned to take a full year off but decide to go back earlier, just give eight weeks’ notice of when you want to return.
2 TIME OFF FOR ANTENATAL APPOINTMENTS
IF you need to go to an antenatal appointment during work time, you have the legal right to do so – you don’t need to take leave or try to squeeze the appointments in on your days off. It should include the time needed to travel to the clinic or GP, without loss of pay. And Joeli stresses: “Don’t forget, you don’t always have to attend appointments alone – fathers and partners are also entitled to time off for up to two antenatal appointments.”
3 MATERNITY LEAVE REDUNDANCY
IF you’re made redundant during maternity leave, you have the right to be offered a suitable alternative vacancy (if one exists) before it’s offered to another employee.
“You don’t have to go in to your workplace for an interview or assessment procedures for any suitable vacancy if you’re on maternity leave.
Joeli advises women to speak to HR and be clear on their rights, and adds: “If they continue to mess you about, you may have a case.”
4 YOU’RE STILL AN EMPLOYEE
YOUR company must treat you as an employee when you’re on maternity leave, so they mustn’t discriminate against you by failing to consider you for promotions or a pay rise. Plus, you will accrue your holiday entitlement while on maternity leave, and you can use it as you wish. Some tag it on to the end of their maternity leave, and others use the days to help stagger their return to work.
5 KEEPING IN TOUCH DAYS
YOU can do up to 10 keeping in touch days, which help parents stay in the loop at work. You’re not legally obliged to attend and your employer isn’t legally obliged to offer them, but you can request to be paid for them if you decide that they’re the way to go.
6 TELLING YOUR BOSS
YOU can tell your boss your news when you feel it’s right for you – although waiting for your first scan is advisable, says Joeli. Don’t put it off too long though – you should tell your employer you’re pregnant by the 15th week before your due date.
7 RISK ASSESSMENT
ALL employers should carry out a workplace risk assessment. “As a pregnant employee or a returning mum, you aren’t an inconvenience and your workplace needs to be a safe place for you and your baby,” Joeli stresses. If you’re pregnant, have given birth in the last six months or are breastfeeding, your employer should make sure your working conditions won’t put your health or your baby’s health at risk.
Employers should do all that’s reasonable to remove or reduce any risks. If you’re returning to work and are breastfeeding, you should write to your employer to let them know before your first day back. Joeli says: “Make sure you’re
listened to, and provided with a suitable place to breastfeed or express. Note to employers – that is not the toilet.”
8 DISCRIMINATION FROM THE START
YOU can claim discrimination and automatic unfair dismissal on the grounds of pregnancy and maternity leave from day one of your employment.
If you’ve been sacked, made redundant, are being harassed, or are overlooked for promotion or other opportunities because of your pregnancy or maternity leave, you may have a legal case. Joeli says: “Don’t feel like you’re on your own and don’t think this is your fault. It’s not. Thousands of women have been in your shoes.”
9 RETURNING TO YOUR JOB
IF you go back to work within 26 weeks, you have the right to return to exactly the same job, contractual terms and salary as before. If you return after 26 weeks but before 52 weeks, you have the same entitlement unless your employer can prove it wasn’t practicable to give you your job back. Your employer must offer you an alternative on the same salary and terms. If you’re given a different job on return from maternity leave, or are offered different shift patterns, you should seek legal advice if you’re unhappy.
10 FUNDING MATERNITY LEAVE
STATUTORY Maternity Pay (SMP) is paid for 39 weeks of maternity leave, and to be eligible you must have worked for your employer continuously for at least 26 weeks, into the ‘qualifying week’ – the 15th week before the expected week of childbirth. You can get SMP even if you don’t plan to go back to work, or if you’re dismissed or made redundant after the 26th week of pregnancy. If you’re not entitled to SMP, you may get Maternity Allowance, for example, if you’re self-employed or if you started a new job while pregnant.