What are an employee's maternity rights ?

As already stated in Answer 14 an employer cannot dismiss an employee because she is pregnant, it does not matter if the employee does not have 1 year's continuous employment with the employer. The dismissal will be automatically unfair.

1. A pregnant employee is entitled to Maternity Leave without having worked for 1 year. Ordinary maternity leave is 18 weeks.

If a woman has been employed for at least 1 year at the start of the 11th week before the expected week of child birth they also have a right to Additional Maternity Leave. This starts at the end of the Ordinary Maternity Leave period and lasts for 29 weeks from the beginning of the week in which the birth occured.

2. A pregnant employee has the right to Maternity Pay, if she has worked for 26 weeks or more.

The 26 weeks is counted from 15 weeks before the week the baby is due.

So take the week that the baby is due and count back 15 weeks.

If an employee has worked for 26 weeks at that stage the employee can claim Maternity Pay, this is paid for 18 weeks. Please see the maternity section of the Employment Factsheet for details.

3. The right to Additional Maternity Leave does require 1 year's continuous employment with the employer.

4. Right to paid leave for ante-natal care.

5. The employee should be offered alternative work (if it is available), if the pregnancy means they cannot do the work they are normally employed to do.

What are an employee's rights under Sex and Race Discrimination law ?

Return to Questions

Search for more free legal information