Pregnancy and
Maternity Leave
A quick guide
Pregnancy should be a positive and exciting time.
It is also a time when information and support is needed and
questions may arise.
The NASUWT is committed to supporting you throughout this
time, ensuring that you receive the advice you need about
what pregnancy will mean for your job.
This quick guide provides you with key information about your
rights at work while you are pregnant.
To qualify for maternity rights, you must:
n have a contract of employment;
n notify your employer you are pregnant at least 15 weeks before
the expected week of the birth, confirming the date your baby is
due and the date you want your maternity leave to start;
n have worked for your employer continuously for at least 26
weeks prior to the ‘qualifying week’ (i.e.15 weeks before the
Expected Week of Childbirth);
n provide your employer with proof of your pregnancy (e.g. doctor’s
letter or a maternity certificate known as an MATB1 certificate).
These are usually issued 20 weeks before the due date.
Once you have notified your employer of your pregnancy, your
employer must then write to you within 28 days, confirming the date
you have agreed to return after your maternity leave.
Your contractual rights
Your employer may have a maternity policy which is better than
the statutory entitlements. You are entitled to a copy of the policy.
It is important to check your contract of employment and request
a copy of your employer’s policy.
Antenatal appointments
You are entitled to reasonable paid time off to attend antenatal
appointments. Keep details of any antenatal appointments in case
your employer asks to see them.
Sickness absence
Sickness absence during your pregnancy, whether connected with
your pregnancy or not, should be treated as ordinary absence on
sick leave.
However, if you take sick leave for pregnancy-related reasons in
the last four weeks before the expected week of childbirth, your
employer can require you to start your maternity leave early.
Risk assessment
During your pregnancy, your employer is required to carry
out an initial risk assessment of your job and working
environment, examining any risks that might affect you
or your unborn child.
Your employer is required to confirm that a risk
assessment has been undertaken. You should be given
a copy of the risk assessment.
Further assessments should be undertaken if your job or
working environment changes in any way.
If any risks are identified as part of the assessment,
‘reasonable adjustments’ should be made. These should
be discussed with you first, and you should be asked for
your opinion.
If any risks identified cannot be managed by making
reasonable adjustments, and no suitable alternative work
is available, your employer must suspend you on full pay
for as long as necessary to protect the health, safety and
wellbeing of you and your baby.
Maternity leave
Your maternity leave may commence no
earlier than the 11th week before the
Expected Week of Childbirth.
The latest date maternity leave can
commence is the date you give birth.
You are entitled to 52 weeks’ Statutory
Maternity Leave, made up of 26 weeks’
Ordinary Maternity Leave and 26 weeks’
Additional Maternity Leave.
You must take at least two weeks’ maternity
leave following the day of childbirth.
Maternity leave and pay can be shared with
your partner if you choose to end your
maternity leave and give notice to your
employer that you intend to do so.
Other legal rights during your pregnancy and
maternity leave
It is unlawful sex discrimination for your employer to
treat you less favourably because you are pregnant
or because you have taken maternity leave.
Your employer cannot change your terms and
conditions of employment whilst you are pregnant or
whilst you are on maternity leave without your
agreement.
You also cannot be dismissed from employment or
subject to unfair treatment because of your pregnancy
or maternity.
You cannot be denied pay progression because of
pregnancy or maternity leave.
Maternity leave pay
You are entitled to receive up to 39 weeks’ Statutory
Maternity Pay during your maternity leave followed
immediately by up to 13 weeks’ unpaid maternity leave if
you:
n are employed in the ‘Qualifying Week’ (i.e. the 15th
week before the Expected Week of Childbirth);
n have given the employer at least 28 days’ notice (or, if
that is not reasonably practicable, as much notice as
is reasonably practicable) of the date you intend to
start your Statutory Maternity Pay;
n have given your employer proof that you are pregnant;
n have worked for your employer continuously for at
least 26 weeks up to the ‘qualifying week’;
n are still pregnant 11 weeks before the start of the
Expected Week of Childbirth;
n have ceased work (i.e. commenced maternity leave);
n earn at least the Lower Earning Limit for National
Insurance purposes (which is £112 a week (gross as
at February 2015)) in an eight-week ‘relevant period’.
Maternity Allowance
Maternity Allowance is usually paid if you
do not qualify for Statutory Maternity Pay.
The amount depends on your eligibility.
You can claim Maternity Allowance after
the 26th week of pregnancy.
Payments can start 11 weeks before your
baby is due.
Keeping in Touch
During your maternity leave, you can
have the option to work up to ten
‘Keeping in Touch’ days. These are
optional and need to be agreed by you
and by your employer.
Many teachers benefit from these
days by attending briefings, curriculum
development meetings and in-service
training.
Before coming into work on a Keeping
in Touch day, you should agree with
your employer the type of work you
will be undertaking and how much you
will be paid. Normally, you should
expect to be paid a day’s salary.
Your rights to maternity leave and maternity
pay are not affected by Keeping in Touch
days.
During your maternity leave, your employer
has the right to make reasonable contact
with you, but this should not be excessive
or intrusive.
Returning to work following maternity leave
If you wish to return to work on the agreed date, then no notice is
required.
If you wish to return to work earlier than your agreed date, or if
you wish to extend the period of your maternity leave, you will
need to give your employer at least eight weeks’ notice in writing
of the new date of return.
You should return to the same job if you took Ordinary Maternity
Leave. If you have taken Additional Maternity Leave, then you
have the right to return to a job that is not significantly different,
but it may not be the same.
If you become pregnant again during your maternity leave, then
a second period of maternity leave will begin immediately, without
you returning to work.
Other NASUWT advice:
Flexible Working: www.nasuwt.org.uk/FlexibleWorking
Paternity Leave: www.nasuwt.org.uk/PaternityLeave
Shared Parental Leave: www.nasuwt.org.uk/SharedParentalLeave
Further advice and guidance:
For further advice and guidance, please contact the NASUWT.
We can help with information and advice to support you
throughout your pregnancy and maternity leave.
NASUWT
The Teachers’ Union
Tel: 03330 145550
E-mail: [email protected]
Website:
www.nasuwt.org.uk
1602067 England
