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FAQ on maternity rights

by Clare Brennan

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.



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