Maternity pay, leave and rights

What rights do employees have during maternity?

There are key statutory rights for pregnant employees:

  • Time off for antenatal appointments 
  • Health and safety protection while pregnant and breastfeeding 
  • Up to 52 weeks' maternity leave (made up of ordinary maternity leave (OML) and additional maternity leave (AML)), regardless of length of service.  Employees can return to work early if they wish, on giving notice.
  • Statutory maternity pay (SMP) for up to 39 weeks 
  • The right, in certain cases, to give up part of the maternity leave period and statutory maternity pay period in order to benefit from shared parental leave and pay, which allows leave to be taken more flexibly by one or both parents 
  • The right to return to the same job (or, in limited circumstances, a suitable alternative with no less favourable terms and conditions) 
  • Priority for alternative employment in redundancy cases 
  • The right to request flexible working conditions upon return to work Protection from dismissal, detriment or discrimination because of pregnancy, childbirth or taking maternity leave.

Our team has many years' experience in advising on issues related to maternity and paternity pay, rights and leave. Call us for advice on 01827 317070 or email employment@pickerings-solicitors.com