Statutory Maternity Leave &Pay
All female employees who become pregnant are entitled to statutory maternity leave and those who hit certain qualification criteria are eligible for maternity pay. Others may be eligible for maternity allowance.
There are several things which all employers should be aware of when dealing with employees who are applying for maternity leave.
The Legislation dealing with all aspects of maternity leave and providing full details of the rights and responsibilities of employers is the Work and Families Act 2006.
For an employee to claim maternity leave they should notify their employer no later than the end of the 15th week before the expected week of childbirth providing the following details:
- The fact that she is pregnant
- The expected week of childbirth
- The date when she intends to start taking leave
As an employer can I insist on this being in writing?
An employer can insist on the date when she intends to start taking leave to be submitted to you in writing to ensure that you both have the correct date when the leave is to commence.
What is my employee does not give the correct amount of notice?
If an employee does not give the employer the required notification for the start of the maternity leave then she may lose her right to start her maternity leave on her chosen date although this will not affect her ability to take maternity leave.
Is there an exception to this?
The only exception to this rule that an employer is required to make is in the case where it was not reasonably practicable for the proper notice to have been given.
When can the maternity leave start?
According to the Work and Families Act an employee’s maternity leave can start no earlier than the beginning of the 11th week before the expected week of childbirth.
What happens if she gives birth before this time?
According to the Work and Families Act if the employee gives birth before the beginning of the 11th week before the expected week of childbirth then the maternity leave will start automatically.
All pregnant employees must be given time of by their employer by attend antenatal treatment and appointments.
What happens if an employee has just joined my business?
An employee’s entitlement to antenatal appointments applies regardless of how long she has been in employment with a particular company.
Can I ask for any form of proof in relation to antenatal appointments?
An employer can ask for his employee to show the following documents (the only exception being the first antenatal appointment) which must be provided on request:
- A certificate confirming that the employee is in fact pregnant
- Some form of appointment card showing that the antenatal appointment has been made
How much do I have to pay my employee for this time off?
You should pay your employee at her normal hourly rate for any time off for antenatal care. This can be calculated by dividing her normal weekly wage by the hours normally worked during a normal working week.
My employee wishes to take this time off during a very busy period. Is there anything I can do?
It is unlawful for an employer to dismiss an employee, to select her for redundancy or subject her to less favourable treatment simply for asserting her right to attend antenatal care while pregnant.
As an employer you will have to be very careful when your employee is pregnant as the rights that she is asserting are statutory rights provided to her by the Work and Families Act.
Contract of Employment
What happens to her contract of employment when an employee is on maternity leave?
When an employee is on either ordinary or additional maternity leave then her contract of employment will remain the same and continue unless the employer or employee expressly wishes it to end.
For more information on:
- What benefits will be available to my employee while on maternity leave?
- Are there any differences if the employee selects to take additional maternity leave?
- Returning to Work
- What if my employee wishes to return to work before that date?
- What happens if my employee gives me less than eight weeks’ notice?
- What happens if my employee wishes to return to work later than previously notified?
- What happens if my employee wishes to leave her job during her maternity leave?
- Employee’s Return to Work after Maternity Leave
- Ordinary Maternity Leave
- Additional Maternity Leave