Welcoming a child

There are laws specifically designed to protect prospective or new parents and there are a range of benefits and allowances that you are entitled to as well.

Pregnant employees

If you are an employee who is pregnant you have the right to:

• Paid time off for antenatal care - Your employer must give you reasonable time off for ante-natal care and pay you at your normal rate. You may be required to provide your employer with proof of antenatal appointments from the second appointment onwards.
• Maternity leave of up to 52 weeks. This includes 26 weeks’ Ordinary Maternity Leave (OML) during which time you’re entitled to nearly all your contractual rights. Your salary, however, is replaced by maternity pay. You then get 26 weeks of additional maternity when the only contractual rights which continue are your notice periods, your right to redundancy pay, grievances or disciplinary procedures and terms which stop you working for competitors or disclosing confidential information. The earliest you can start your maternity leave is 11 weeks before your expected week of childbirth.
• Maternity pay – Check your contract to see if your employer provides extra maternal pay, otherwise you’ll get Statutory Maternity Pay (SMP) for up to 39 weeks, as long as you earn over £90 per week and have worked for your employer continuously for a certain amount of time. If you can’t get SMP you might be entitled to Maternity Allowance (MA) if you have been employed or self-employed for at least 26 of the 66 weeks before the week your baby was due and earned an average of £30 over any 13 of those 66 weeks.
• Protection against unfair treatment or dismissal - Your employer must not discriminate against you while you are on maternity leave. If you are being denied your rights you can bring a sex discrimination claim before an employment tribunal. Go through your employer's internal grievance procedure first though.

Returning to work after maternity leave

When you return to work after OML, you have a right to the same job and the same terms and conditions as if you hadn’t been away. The same applies after AML, unless your employers can show it’s not practical for them to take you back in your original job. They must then offer alternative work with the same terms and conditions.

Flexible working

If you are the parent of a child under six – or a disabled child under 18 – you are entitled to ask for a flexible working pattern to help you balance caring for your child and work. Your employer must consider your request and respond in writing.

Breast-feeding

Although there is no legal requirement, employers are encouraged to provide a private and safe environment for nursing mothers to express and store milk.

If you want to breast-feed when you return to work you must inform your employer in writing. Your employer must carry out a risk assessment to identify risks to you or your baby and do all that is reasonable to remove the risks or make alternative arrangements for you.

Paternity leave and pay

If you are an employed father-to-be who will be responsible with the mother for bringing up a child, you have the right to up to two weeks paid paternity leave, as long as you have worked for your employer for long enough (at least 26 weeks by the end of the 15th week before the start of the week when the baby's due). You must be the:

• biological father of the child.
• mother's husband or partner (including same-sex relationships).
• child's adopter or the partner of the adopter.

To qualify for pay (£123.06 from 5 April 2009 or 90% of your average weekly earnings whichever is less), you must also earn at least £90 a week. If you earn less than this you have the right to unpaid paternity leave if you meet the other conditions, and could get income support while on paternity leave. You can’t take the leave until the baby is born and it must be taken with the first 56 days of its life.

Parental leave

If you’re child is under 5 (or under 18 if it’s disabled) you are entitled to up to 13 weeks' unpaid time off work to look after it if you:

• have been employed by the same company for a year or more.
• are an employee, with an employment contract.
• are named on the child's birth certificate or on the child's adoption certificate or have legal parental responsibility for it.

Other family benefits

There are several additional benefits on offer to pregnant women and new parents. Whether you qualify will depend on your personal situation. They include:

• Child benefit – you normally qualify for this if you have children under 16 (or under 20 and in relevant education or training) and you live in the UK. The current rate is £20 per week plus £13.20 for each additional child.
• Child Trust Fund – when your child is born you will be entitled to a £250 voucher from the government towards a long-term tax-free savings and investment account for your child.
• Free prescriptions and dental treatment – available to all mothers during pregnancy and for some time after birth.
• Health in Pregnancy Grant – you will receive this if you are at least 25 weeks pregnant and usually live in the UK. Your expected date of delivery must be on or after 6 April 2009
• Tax credits – You may qualify for these if you're responsible for at least one child who normally lives with you. If you work, but don’t earn much, you may get Working Tax Credit. The amount you get depends on factors such as your income, how many children you have living with you, and if you pay for childcare.
• Child maintenance – if your child’s other parent doesn’t live with you they may have to pay you money to help towards the child's upbringing.
• Sure Start Maternity Grant – this is a one-off payment that people on low income can get to help towards costs of a new baby. The grant comes from the Social Fund and you don't have to repay it.
• Free milk, etc. - If you are on a low income you may be entitled to free milk, fresh fruit and vegetables, infant formula and vitamins under the Healthy Start scheme.