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Home Articles & Poetry Work Issues Common Questions Maternity rights
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Sunday, 17 October 2004 |
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Your company may provide rights, which are in excess of the law, but below are the minimum rights that are given and they certainly should not be less than this. 26 weeks ordinary maternity leave for every pregnant employee (even if you've only just signed an employment contract).
If you have been continuously employed for more than 26 weeks into the 15th week before the expected birth date a further 26 week's additional maternity leave is given (a total of a year). This part is generally unpaid but you may retain contractual rights during this period.
- The pay will be 90% of average weekly earnings for the first 6 weeks of maternity pay period and £102.80 per week (from 04.04.2004) for each week afterwards up to a maximum of 20 weeks (total of 26 weeks receive payment).
- To work out the 90% of your pay, the 26-week period before the 15th week before the baby's due date would be used to calculate the average earnings.
You are obliged to inform your employer of the date on which you intend to start your maternity leave by the end of the 15th week before the baby is due (the earliest date that you can commence maternity leave is the beginning of the 11th week before the baby is due). You need to advise:
That you are pregnant The week the baby is expected to be born When you want to start maternity leave (you can change your mind, just give 28 days notice of your changed requirement).
- The employer must respond in writing within 28 days of receipt of your letter explaining the right to maternity leave, your expected return date and your duty to notify any change to plans.
- If you are absent from work due to a pregnancy related problem in the four weeks before the baby's birth date then the employer can "trigger" the maternity leave to start at that point.
- During ordinary maternity leave, all contractual entitlements will remain in force (holiday entitlement, car allowance etc). During additional maternity leave the holiday entitlement may be calculated on the Working Time Directive element of 20 days per calendar year (pro rated).
- With regard to pensions during maternity leave this is stated later in the section Pension Rights.
- The job you left must be kept open for you to return to during the period of maternity leave that you take. If this is impossible then a same/similar job should be available to you with the same terms and conditions and benefits of employment.
- If you intend to return to work at the end of your full maternity leave entitlement, you are not required to give any further notification to her employer.
- If you intend to return to work before the end of your full maternity leave entitlement, you are required to give 28 days notice of the date you intend to return to work.
- Just before you return to work, it is advisable to also inform the payroll department (as well as your manager), this means that you are returned to the payroll on your normal salary straight away, otherwise you may find your pay packet not at it's normal rate!
- If you wish to return to work part time (flexible working scheme) then your request should be seriously considered and good reasons given if your request is declined.
- Find out further information here: http://www.dti.gov.uk/er/individual/mat-pl958.htm
After you have given birth there is a compulsory period of maternity leave of two weeks, or four weeks if you work in a factory. You are protected from suffering unfair treatment or dismissal for taking, or asking to take, maternity leave.
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