The Maternity Alliance on ordinary but not very straightforward maternity leave rules and regulations

Ordinary Maternity Leave (OML)

• 26 weeks’ leave for all employees
• right to return to same job

Who gets it?
It doesn’t matter how many hours you work or how long you have worked for your employer, you will still be entitled to OML.

All women employees are entitled to OML. You are usually an employee if the following arrangements exist at your work:

• your employer deducts tax and National Insurance from your pay
• your employer controls the work you do, when and how you do it
• your employer provides all the equipment for your work.

When can I start it?
The earliest you can start your ordinary maternity leave is 11 weeks before the expected week of childbirth. This is when you are about 29 weeks pregnant, but you have to use the due date on your MAT B1 certificate which your midwife or GP will give you. Find the Sunday before your baby is due (or the due date if it is a Sunday) and count back 11 Sundays from there. It is for you to decide when you want to stop work. You can even work right up until the date the baby is due, unless:

• You have a pregnancy-related illness/absence in the last four weeks of your pregnancy. In this case your employer can start your maternity leave even if you are absent for only one day. However, if you are ill only for a short time your employer may agree to let you start your maternity leave when you had planned.
• Your baby is born before the day you were planning to start your leave. In this case, leave will start on the day of birth.

What will I get while I’m away?
During OML your contractual rights (i.e. any special rights that apply to your particular workplace, such as a company car or pension) continue as if you were still at work, apart from your normal pay.

You may be able to get Statutory Maternity Pay or Maternity Allowance while you are away. Some employers also offer extra maternity pay: you need to check your contract, or ask the human resources department or your union representative.

Your statutory rights (i.e. rights that apply by law to all employees in this country, such as holiday) will also continue as if you were still at work.

If you are made redundant whilst on maternity leave, your employer must offer you any suitable alternative work that is available. If there is none, they must pay you any notice and redundancy pay you are entitled to

Do I have to give notice of my return?
You do not need to give any notice of return if you are going back to work at the end of your leave ordinary maternity (26 weeks from the day you began your leave). You simply go to work on the day that you are due back. NOTE: If you are entitled to additional maternity leave (a further 26 weeks leave) you must give notice to return to work early if you do not wish to take your AML.

If you want to return to work early you must give your employer 28 days’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of the 26 week period, your employer can send you away for 28 days or until the end of your 26 weeks’ leave, whichever is earlier.

What happens when I go back?
When you go back it will be to exactly the same job.

The law does not allow you to work for two weeks after childbirth and this period is known as Compulsory Maternity Leave. You will not be allowed to return to work during this time.

You can’t stay on maternity leave after the end of your OML, unless this has been agreed with your employer. You should ask your employer to confirm this agreement in writing.

To extend your time off, you may want to add some unpaid Parental Leave to your ordinary maternity leave.

For more information about working parents’ rights see the Maternity Alliance website.

They have a selection of leaflets on the following topics:

• Agency workers - rights for parents (£1)
• Temporary, casual and sessional workers - rights for parents (£1)
• Self-employed - rights for parents (£1)
• Premature births (£1)
• Working for a small employer (under 6 employees) (£1)
• Rights during maternity leave and Pension rights (£1)
• Redundancy (free)
• Returning to work (£1)
• Child-friendly working hours (£2)
• Time off for working parents (£2)