Maternity Leave

• Ordinary Maternity Leave (OML).

• 18 weeks' leave for all employed women.

• Right to return to same job.

.: What is it?

It is 18 weeks' leave from work for any woman who is employed while she is pregnant. You must give your employer the correct notice.

.: 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, and when and how you do it.

• Your employer provides all the equipment for your work. If you work for an agency, you are probably not an employee.

.: When can I start it?

The earliest you can start your ordinary maternity leave is 11 weeks before the expected week of child birth. This is when you are about 29 weeks pregnant, but you have to use the due date on your MAT B I 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 six 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; or

• 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 whale 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 (18 weeks from the day you began your leave). You simply go to work on the day that you are due back. If you want to return to work early you must give your employer 21 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 18 week period, your employer can send you away for 21 days or until the end of your 18 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. Unless you are entitled to additional maternity leave, 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.

.: ADDITIONAL MATERNITY LEAVE (AML).......

• For women who have been in the same job for one year and 11 weeks or more by the week their baby is due.

• You don't have to return to work until your baby is about 29 weeks old.

.: What is it?

You can leave work any time from 11 weeks before your due date. You can stay off work for 29 weeks from the start of the actual week your baby is born.

.: Who gets it?

You can take Additional Maternity Leave (AML) if you have worked for the same employer for at least one year by the beginning of the 11th week 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 hack 11 Sundays from there. You must give your employer the correct notice

.: When can I start it and how long does it last?

The earliest you can start your maternity leave is 11 weeks before the expected week of childbirth. This is when you are about 29 weeks pregnant, 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 6 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:- or

• Your baby is born before the day were planning to start your leave.

In this case leave will start on the day of birth. Your leave lasts for 29 weeks from the start of the week when your baby is actually born (i.e. until your baby is about 29 weeks old). Find the Sunday at the start of the week your baby was actually born (or the day your baby was born if it was a Sunday) and count forward 29 weeks from there. If your baby was born early or late, you may well end up with less leave or more leave than you expected. The first 18 weeks of your maternity leave is officially known as your Ordinary Maternity Leave (OML) period. Your Additional Maternity Leave (AML) period starts at the end of this 18 weeks and continues until you return to work. In practice it will not matter too much to you whether a particular week of your leave is called OML or AML. However, it can be useful to bear in mind: for example, when reading about what rights you get while you are away, in the section below.

.: What will I get while I'm away?

During the first 18 weeks of leave (your OML period) 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. During the first 18 weeks of your leave you will probably be entitled to Statutory Maternity Pay. After that your leave will be unpaid. Some employers also offer extra maternity pay: you need to check your contract, or ask the human resources department or your union representative. During the rest of your time on leave (your AML period) you will continue to be an employee, but the only contractual rights which will continue automatically will be:-

• The notice period in your contract of employment will still apply (if either you or your employer wish to terminate your employment).

• You will be entitled to redundancy pay.

• Disciplinary and grievance procedures will apply, and if your contract has a section which states that you must not work for any other company, this will still apply.

It might be possible to negotiate with your employer for other contractual rights to continue. These rules do not apply to your statutory rights (i.e. rights that apply by law to all employees in this country). For example, everyone has a legal right to 20 days' paid annual leave whether they are on maternity leave or not. Also your employer must not discriminate against you by failing to consider you for opportunities such as promotion. 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 that you are entitled to.