Maternity regulations are notoriously convoluted. What is certain is that all women employees have rights that are meant to protect their health and their job while they are pregnant.

Depending on how long they have worked for their employer and how much National Insurance they have paid, many women also have a right to maternity pay. From July 2000 part-time workers gained the same access to pro rata maternity pay as their full-time colleagues.

It’s worth getting an overall picture of what you can expect as your maternity rights, so that you have a clearer idea of what questions you might want to ask an expert body such as the Maternity Alliance - or your trade union, if you have one (remember it’s always important to get up-to-date advice).

Here is a broad guide to Maternity Leave with answers to frequently asked questions.

Ordinary Maternity Leave (OML)

It doesn’t matter how many hours you work, or how long you’ve been with an employer, if you are in paid employment you have a legal right to 18 weeks maternity leave. This is true even if you are a part-time worker or if you are on a fixed-term contract. The only thing you must do is give your employer proper notice.

From April 2003 ordinary maternity leave will increse to 26 weeks.

If you give birth to a stillborn baby after the 24th week of pregnancy, you are still entitled to these rights.

How do I claim Ordinary Maternity Leave?
Tell your employer – in writing – 21 days before you expect to start your maternity leave. State that you are pregnant, give the expected date of birth of your baby and say what date you expect to start your leave.

Your employer might ask for a copy of your maternity certificate (this is called an MAT B1; you can get it from your midwife or from your GP). You don’t have to produce this unless your employer asks to see it.

When you have done this, your right to OML is activated. If you cannot give your employer 21 days’ notice for some reason (eg if your baby is born prematurely), you must write to your employer as soon as is reasonably possible.

When can I start OML?
You can start 11 weeks before the week your baby is due – that’s the earliest date. But, if you want to, and your health is good, then you can work right up to the day your baby is born. If, during the last six weeks before your baby is born, you are absent because of a pregnancy-related illness, then your employer may decide to start your maternity leave from that date.

When must I return from OML?
Your employer will assume that you will return to work at the end of your 18-week maternity leave, so you don’t have to give any notice of your return and you can expect to come back to the job you left.

If, at the end of your OML, you are sick and cannot return to work, then your employer’s normal sickness policy will apply. If you think this is going to cause difficulties with your employer, ask for advice from your union (if you have one), the Equal Opportunities Commission, or a specialist solicitor.

If you decide that you would like to go back to work before the 18 weeks are up, you must give your employer 21 days’ notice in writing, stating the date on which you intend to return.

Do I still have contractual rights when I am on OML?
Yes you do. You have all your usual contractual rights (pension, holiday entitlement, company car, mobile phone, etc) except for wages or salary.

Can I return to my old job when I come back from OML, even if I work for a small company?
The answer to this is yes – even if your employer has fewer than five employees.

Additional Maternity Leave (AML)

If, at the beginning of your 29th week of pregnancy, you have worked for your employer for one year then you are entitled to additional leave. The additional leave must end 29 weeks after the beginning of the week when your child was born. Additional Maternity Leave starts when Ordinary Maternity Leave ends. This means, if you want to, you can take up to 40 weeks maternity leave, beginning 11 weeks before the week when you expect your baby to be born and ending 29 weeks later – if your baby arrives on the due date.

Do I have to do anything to claim AML?
No. The notice required for OML is enough – you should write to your employer 21 days before you expect to start your maternity leave.

Is there anything I should know about returning from AML?
You must reply in writing within 21 days if your employer writes to ask when the baby was born and if you plan to return to work. Your employer has a right to write to you after you have been on maternity leave for 15 weeks.

If you want to go back to work before the end of the AML period, you must give your employer 21 days notice in writing of the date you want to return.

Can I expect to go back to my old job?
That depends. Your employer should give you back your job or, if that is impossible, give you a suitable job on similar terms and conditions. But, if your employer has only five (or fewer) employees, you don’t have a clear-cut right to your old job. Your employer can say that it is not reasonably practical for them to offer you suitable alternative work. If they do say this, they must show that they have acted reasonably.

Further information

• The Maternity Alliance, 45 Beech Street, London EC2P 2LX (020 7588 8582; fax:7588 8584); email: info@maternityalliance.demon.co.uk publishes Pregnant at Work, 2000(£1.50 with sae)
• Parents at Work, 45 Beech Street, London EC2Y 8AD campaigns to improve the quality of life for working parents and their children and produces useful leaflets
• Trades Union Congress (TUC) publishes information on its website: www.tuc.org.uk
• The Department of Trade and Industry (DTI) publishes booklets and leaflets which are also available on its website at http:www.dti.gov.uk under the heading Regulatory Guidance. They can be obtained free from Employment Service Jobcentres or from the DTI Order line (tel: 0870 1502 500). Or you can order them by post from DTI Publications Order line, ADMAIL 528, London SW1W 8YT. Maternity Rights: A Short Guide, DTI (Ref: URN 99/1190); Maternity Rights, DTI (Ref: URN 98/812 (detailed guidance on previous maternity rights)
• The Maternity and Parental Leave Regulations 1999, published by the Stationery Office (0870 600 5522); website: http://www.legislation.hmso.gov.uk
• The Department of Trade and Industry (DTI) Parental Leave Enquiry Line: 020 7215 6207
• The Equal Opportunities Commission, Overseas House, Quay Street, Manchester M3 3HN (0161 833 9244; fax: 835 1657); email: info@eoc.org.uk; website: http://www.eoc.org,uk. In Northern Ireland Contact the Equality Commission at http://www.equalityni.org
• Law Centres Federation (020 7387 8570; Scotland: 0141 561 7266)
• Citizens Advice Bureau – look in Yellow Pages, ask at your local library or call the National Association of Citizen’s Advice Bureaux in England and Wales (020 7833 2181), in Scotland (0131 667 0156) and in Northern Ireland (028 90 231120)