Steps to follow

• If you are pregnant, you are allowed time off work for antenatal care. This can include relaxation classes and parent-craft classes. You may have to show your employer confirmation of your pregnancy, for example, a certificate from your GP, midwife or health visitor.
• You will get statutory maternity leave of up to 52 weeks, and may be entitled to receive statutory maternity pay for 39 weeks. To qualify for this, you must have been in continuous employment with the same employer for at least 26 weeks into the 15th weeks before your baby is due. Your employer has to pay even if you leave or are made redundant before you start receiving the payments. You can opt to begin receiving the payments up to 11 weeks before the baby is due.
• If you do not qualify for statutory maternity pay, you may get maternity allowance from the Benefits Agency for up to 39 weeks.
• If your employer withholds pay, or refuses to pay you maternity pay or other money owed, then they may have broken the law. Talk to your employer to try to resolve this informally. If that doesn’t work, ask for an itemised pay slip, and raise a written grievance stating your complaint. Date and sign this letter, and keep a copy. If this doesn’t work, you can bring a claim before an employment tribunal. Do this within three months of the day the money was withheld (or you may be time-barred) and seek professional help.
• You have to take at least two weeks maternity leave, and four weeks if you work in a factory.
• You are entitled to up to 52 weeks leave if you are adopting, you have worked for a continuous period of at least 26 weeks, and you have agreed the date of the placement of the child.
• When you tell your employer you are pregnant, they should carry out a risk assessment and make any changes necessary to protect you and your unborn baby.
• Fathers and partners of mothers are entitled to paternity leave of one week or two weeks continuous paid leave, if they have worked for 26 weeks continuous employment up to the 15th week before the baby is due or the week in which the child’s adopter is notified of being matched with a child.
• Parents of children aged 16 or under, or parents of disabled children aged up to 18 years, have the right to apply to their employer to work more flexibly. They must have worked for at least 16 weeks prior to the request, and must not have made a similar request in the previous 12 months. The employer must consider the request and can only refuse if there are clear business reasons for doing so.
• Carers of adults who are a near relative, partner, spouse or live at the same address, can also request to work flexibly.  

What to watch out for

At the end of maternity leave, you are entitled to return to your original job. If your job has been made redundant, your employer must offer you suitable alternative work. If this is not possible, you may be entitled to redundancy pay.

Solicitor’s top tip

You are protected against unlawful sex discrimination. This means your employer must not treat you less favourably because you are pregnant or because you take maternity leave. They cannot cut your hours without your permission, suddenly give you poor reports, give you unsuitable work, make you redundant because of your pregnancy, or treat days off sick due to pregnancy as a disciplinary issue. If your employer does any of these things, you may have a claim for unlawful sex discrimination.

Useful links

Free advice

www.acas.org.uk
www.direct.gov.uk
www.advicenow.org.uk
www.worksmart.org.uk
www.direct.gov.uk
www.berr.gov.uk

Online services

www.hmrc.gov.uk
http://www.fatherhoodinstitute.org/

Useful articles

Rights to maternity leave
Choosing an employment lawyer
Overview of employment rights personal
Overview of sex discrimination
Rights of carers