6 March 2009

Maternity rights guide

If you are not sure where you stand regarding Maternity and employment then here is our guide to help you. (Please note that this is based on best practice and it is advised to request your company's policy about Maternity leave and pay).

1. Informing your employer by the end of the 15th week before the expected week of childbirth will qualify you for maternity leave. You should write a letter confirming that you are pregnant and the expected week of childbirth supported with a medical certificate. Also state the date you intend to start maternity leave.

2. Do expect a letter from your employer within 28 days of your letter. If you need to change the return date then you should provide 8 weeks' notice.

3. You are entitled to a period of 26 weeks ordinary maternity leave and 26 weeks additional maternity leave, regardless of your length of service.

4. Your usual terms and conditions apply during maternity and additional maternity leave (except renumeration and salary).


5. You are entitled to time off with pay to keep appointments for antenatal care made on the advice of a registered medical practitioner, midwife or health visitor.

6. You are allowed to work up to 10 days during your maternity leave without a detrimental effect on your statutory maternity pay. Payment for these 10 days should be agreed in advance with your manager.

7. If you have more than 26 weeks service at your current employer then you are entitled to Statutory Maternity Pay (SMP). The current rate is £117.18 a week (or 90% of your average weekly earnings if this is less than this weekly rate). The first six weeks of maternity leave is 90% of average weekly earning with no maximum limit. The rest of the 33 weeks is paid at SMP rate.

8. If you do not qualify for Statutory Maternity Pay (SMP) then you may be entitled to Maternity Allowance (MA). This is paid for up to 39 weeks by the benefits agency. You must have been employed or self-employed for 26 weeks out of the 66 weeks before the expected week of childbirth and have average weekly earnings of at least £30 in order to qualify.

9. You have the right to return to your original job once your maternity leave has finished.

If you need further advice on the above then please contact at enquiries@hroasis.co.uk or call us on 0203 239 0694.