Pregnant women are automatically entitled to 26 weeks' "Ordinary Maternity Leave" ('OML'),
regardless of how long they have worked for their employer, and regardless of whether they
are part time or full time employees. This means that they are entitled to return to the
same job after the 26 weeks has elapsed, unless a legitimate redundancy situation has
arisen during that time*. All pregnant women are entitled to paid time off for ante-natal
care, and relaxation/craft/parent classes and are not required to make up their hours,
even if they work part time.
Women on 'OML' are entitled to all their usual terms and conditions
of employment (except pay) throughout their absence. Examples include employer pension
contributions, accrued holiday entitlement, private health insurance, and private use of
company car or mobile phone.
Women who have been employed for at least 26 weeks by the 15th week prior to the
expected week of birth ("EWOB") will also be entitled to Statutory Maternity Pay** (or
Maternity Allowance), a further 26 weeks unpaid leave ("Additional Maternity Leave ('AML')), and
the right to return to the same job, unless a legitimate redundancy situation has arisen
during that time. However, if it is not "reasonably practicable" for them to return to
their original job, they are entitled to be offered suitable alternative work, the only
exception to this applying to employers with five or fewer employees.
Women on AML are not entitled to their usual terms and
conditions of employment, but continue to be entitled to the obligation of trust,
confidence and good faith, contractual notice periods, contractual rights to redundancy
pay, and contractual terms and conditions relating to disciplinary or grievance
procedures.
Both 'OML' and 'AML' count as continuous employment for the
purpose of qualifying for statutory employment rights, and all employees are entitled to
benefit from any salary increases or improved benefits that were introduced while they
were away. However, only 'OML' counts as continuous employment for the
purposes of assessing seniority, pensionable service and other personal benefits relating
to length of service such as salary increases.
By the 15th week prior to the expected week of birth, pregnant women must have informed
their employer that they are pregnant, when the baby is due, and the date their absence will begin (which can be any time after the beginning of the 11th week prior
to the EWOB). However 'OML' begins automatically if the baby is born any time
prior to the notified date. If they wish to change the date on which 'OML' is
due to begin, employees must notify their employer at least 28 days in advance unless it
is not reasonably practicable to do so.
Employers must respond in writing and within 28 days of receiving notification from the
employee concerned, stating the date on which they expect her to return to work, allowing
the full entitlement of either 26 or 52 weeks. They must also provide written notification
of the date the period of leave will end, and if the employee wishes to return sooner than
the notified date, she must provide at least 28 days' notice to her employer. However,
there is a compulsory minimum of two weeks' maternity leave after childbirth, or four
weeks for factory workers.
Women who have had at least one year's length of service are entitled to take up to 13
weeks' unpaid parental leave, with a maximum of four weeks' entitlement in any one year.
The first block can begin immediately after the end of maternity leave. The same rights
regarding return to work apply to parental leave.
We are a firm of specialist employment solicitors that operates exclusively in all areas of employment disputes. We are able to pursue or negotiate a claim on your behalf and can provide you with representation anywhere in the United Kingdom. We are regulated by the Law Society and we combine unrivalled experience and expertise. We offer an initial free consultation and if after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session. If you would like a free assessment of the merits of your case without further obligation, please contact us on 020 7408 1338.
* Women on 'OML' or 'AML' have the right to be fully consulted at all stages of any
redundancy or reorganisation process.
** Currently either 6 weeks at 90% of their normal pay and 20 weeks at £106.00 per
week, or their average weekly earnings for the full 26 weeks if these are less than
£106.00 per week.
