MATERNITY LEAVE

An employee's guide on maternity leave from the employment law experts

Marjon Law, specialist employment lawyers is owner-led by Marc Jones, who is ranked and recommended in legal publications as a leading employment law solicitor, with over 20 years of experience practising solely in employment law.

You may be about to start maternity leave or have already stated it. Either way, while on maternity leave you have certain statutory rights and protections.

(1) What are you entitled to receive while on maternity leave?

You are entitled to receive all contractual benefits excluding normal pay.

For the first 6 weeks of maternity leave, you are entitled to receive 90% of your normal weekly pay, and for the following 33 weeks, you are entitled to receive statutory maternity pay.

Some employers provide enhanced maternity pay eg your normal weekly pay for a set period of time.

In relation to contractual benefits, you are entitled to continue to receive them, such as:

company car (provided it includes personal use)
mobile phone (provided it includes personal use)
luncheon vouchers
club membership
health and other insurance continue.

You should also continue to participate in:

share schemes
professional subscriptions
free or subsidised travel
subsidised childcare.

In relation to commission and bonuses, your employer should pay either pro rata to cover the periods where you are at work or considered to be at work. For example, if you were at work for half of the year and on maternity leave for the other half, you should be entitled to half of the bonus or commission (if you meet the conditions attached to the bonus such as achievement of performance targets).

(2) Are you still entitled to accrue holiday while on maternity leave?

All employees have a statutory right to 5.6 weeks (28 days for full-time employees) paid holiday entitlement in each holiday leave year. Statutory annual leave is a legal minimum entitlement. If you work part-time, this entitlement amount should be given pro rata.

Annual leave can include public and bank holidays (8 days), although some employers offer additional paid holidays than the statutory minimum.

The government has a useful calculator for working out your entitlement to annual leave.

You continue to accrue annual leave during your maternity leave as if you were at work. If possible, speak to your employer before you go on maternity about when to take your holiday. Holidays can be taken either before you start maternity leave or at the end of your maternity leave. You can also use your annual leave to create a phased or part-time transition back to work (eg taking every Friday off for a set period of time).

If you don’t take all of your annual leave entitlement before your maternity leave, your employer must allow you to carry over any annual leave to the next leave year. This is because maternity leave is a maximum of 52 weeks (1 year), and you cannot take annual leave and maternity leave at the same time.

(3) What happens when your maternity leave ends?

When your maternity leave ends, you are entitled to return to the same role or a comparable one depending on whether you have taken ordinary maternity leave (OML) ie for 26 weeks or additional maternity leave (AML) ie for up to 52 weeks.

You are normally entitled to return to work after OML in the same role and on the same terms and conditions of employment as you held before commencing maternity leave.

If you have taken any period of AML, and it is not reasonably practicable for your employer to allow you to return to the same role you had prior to taking maternity leave, your employer may provide you with another suitable and appropriate role on terms and conditions that are not less favourable than those applicable to your previous role.

Comment

Whatever your situation and what is reported in the media, employers still continue to treat women badly who: (a) are about to take maternity leave; (b) are on maternity leave; or (c) seek to return from maternity leave.

This blog does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.

Why choose Marjon Law for maternity leave advice and representation?

We have been advising women on their maternity rights for over 20 years. We have been involved directly and indirectly with hundreds of employment tribunal claims, many of which have involved pregnancy and maternity.

As specialist employment lawyers, your interests are paramount to us.

We will ensure that you receive the best advice possible.

We will advise you on whether your employer has treated you properly and if not, on pursuing an employment tribunal claim.