Paternighty Rights & Maternity Rights

Rights to maternity and paternity pay and leave – A Brief Guide – January 2011.

If you are pregnant, or are the partner of somebody who is pregnant, you have certain rights and entitlements with regard to how much leave you take and how much you get paid during that leave.

As a mother-to-be, you are obliged to tell your employer that you are pregnant 15 weeks before the beginning of the week when your baby is due, or as soon as possible if you did not know you were pregnant at this time. You must also advise your employer the date upon which you wish to begin your Statutory Maternity Leave and start receiving Statutory Maternity Pay.

All employees are entitled to take a reasonable time off work to attend antenatal appointments (as long as you have already told your employer that you are pregnant). At present, fathers-to-be do not have a legal right to accompany their partners to such appointments although many companies will honour a father-to-be’s request to do so.

A mother-to-be, who is an employee, is entitled to 52 weeks of Statutory Maternity Leave. This is made up of 26 weeks ordinary maternity leave and 26 weeks additional maternity leave. If you are an employee, you are entitled to take the full Statutory Maternity Leave regardless of how long you have worked for the company, how much you get paid and how many hours you work. However, to qualify for Statutory Maternity Pay, these factors do come into account.

To be eligible for Statutory Maternity Pay you must have been continuously employed by the same employer for at least 26 weeks into the 15th week before the week your baby is due. To qualify, you must also earn an amount which is equal to or more than the lower earnings limit.

Statutory Maternity Pay is currently paid at a rate of 90% of your average weekly gross earnings for the first 6 weeks and thereafter, for the remaining 33 weeks, is paid at the lower of either £124.88 or 90% of your average weekly gross earnings. After the 33 weeks of Statutory Maternity Pay it is down to the discretion of your employer as to whether you will be entitled to receive an amount of ‘Additional Maternity Pay’. You will usually find reference to this in your contract of employment.

If you are employed but find that you are not eligible for Statutory Maternity Pay (for example, because you have not worked at the company for long enough to qualify for SMP) you may be able to claim a Maternity Allowance. You may also be able to claim for this if, for example, you are self-employed and pay class 2 National Insurance Contributions, or if you have recently been employed or self-employed. Maternity Allowance is paid at the rate of either £124.88 per week, or 90% of your average weekly gross earnings, whichever is smaller.

With regard to the rights of fathers-to-be, this is currently the topic of discussion within government and it may be that changes may be introduced. However, Ordinary Statutory Paternity Pay is currently paid for up to 2 consecutive weeks at the rate of either £124.88 per week or 90% of your average weekly earnings, whichever is the lower. Again, some employers may, at their discretion, offer more favourable paternity terms and you may find reference to this in your contract of employment.

Rights and obligations surrounding the area of maternity and paternity leave and pay are complex and are subject to change, and it is important that if you are a parent-to-be you make sure you are as aware as possible of the current laws.

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