by Jasmine van Loggerenberg
Expecting a baby can be an exciting and worrying time and mums-to-be need to make sure they are protecting themselves and their unborn child during their last few months at work before starting maternity leave.
To help you in what is understandably a hectic time in your life, we’ve put together a quick guide on employment rights during pregnancy, which will help you hold your employer to account if they aren’t following the rules.
Working conditions
Pregnant women who work in certain environments may need to discuss how to reduce risks with their employer.
For instance, it is a legal requirement that workplaces take steps to protect against exposure to chemicals, lead or X-rays. Mothers-to-be should talk to their personnel department or union representative if they feel their day-to-day activities could present a health issue.
Companies should consider conducting a workplace risk assessment to look at potential problems for those staff who are pregnant, recently given birth or breastfeeding – and should always err on the side of caution to avoid litigation.
In cases where there is a recognised risk then employers should offer alternative work (with the same terms and conditions) or suspend on full pay to prevent any unnecessary risks. This is a legal requirement and their salary cannot be reduced.
This should not result in any maternity discrimination and pregnant women should expect to receive the same level of pay and leave as workers in other companies in the same industry.
Impact of pregnancy on work
As the big due date approaches, it is likely that pregnant women will start to feel even more tired and the travelling in rush hour could start to take its toll.
Therefore, women should consider asking their employers if they could alter their work pattern to make life easier.
Although, there is no legal obligation for firms to say yes, they should consider how a tired member of staff could impact on efficiency rates. It may also be worth companies providing a place for pregnant workers to be able to take a break and have a lie-down, as this will likely make the employee’s life substantially easier.
However, companies do have to ensure they give women time-off to attend antenatal care and doctor appointments related to the pregnancy. This time off can also include parenting classes if they have been recommended by a medical professional.
Maternity employment rights
All pregnant women qualify for Statutory Maternity Leave of up to 52 weeks and this can start up to 11 weeks before the baby is due – it is up to the mother when they opt to begin their leave and many choose to work right up until the last week so they can have more time at home once the child arrives.
Of course, not every mum takes the full amount of leave but legally they must take at least two weeks following the birth and a minimum of four weeks if they are employed in a factory environment.
Employees planning to take maternity leave must let their employer know they are pregnant no later than 15 weeks before the baby is due, as otherwise it may be too late for alternative employees to be brought in as cover.
Mums who have worked for 26 continuous weeks by the 15th week before their baby is expected will qualify for Statutory Maternity Pay (SMP), which is equal to 90 per cent of salary for the first six weeks, then SMP (or 90 per cent of average earnings, if lower) for the next 33 weeks.
Self-employed pregnant woman will be able to claim Maternity Allowance directly from the benefits office instead.
Not being penalised for being pregnant
Workers on maternity leave are still eligible for any benefits that are usually offered to staff, this includes pension and private healthcare. They also earn annual holiday at the same rate as if they were in the workplace and should still qualify for pay rises, promotion and bonuses.
Returning to work
For workers returning before the end of first 26 weeks of leave they are entitled to the same job and the same terms and conditions as if they had not been away. Mums taking Additional Maternity Leave do not have quite the same rights but employers must provide an alternative position.
Mothers also have the right when returning from maternity leave to make a flexible working application in terms of hours, times and location of work. Many firms have standard forms to be completed to make the application and they must consider all requests from new mums or those with young children.
Breastfeeding mums should also let their employer know if they plan to continue feeding when they return to work. Companies are legally required to provide a private and safe environment for nursing women to be able to rest and express milk.
However, if there are no hazards, employers should also allow breastfeeding mothers to express milk in the open, as there are laws protecting their ability to do this in places of work and the penalties for restricting this are harsh.
Jasmine van Loggerenberg joined the discrimination unit within the employment team at Slater & Gordon Lawyers in 2007. She works out of both the London and Milton Keynes offices and has over 7 years of employment law experience.
Image by David Castillo Dominici, http://www.freedigitalphotos.net
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