Maternity rights flowchart (13Kb)

EMPLOYMENT LEGISLATION

MATERNITY RIGHTS (PL958 Rev 9)
A guide for employers and employees

Contents

	Introduction
	SECTION 1: WHAT ARE THE STATUTORY MATERNITY RIGHTS?
	Women excluded from the rights
	Part-time employees
	Meaning of childbirth
	Meaning of expected week of childbirth
	Meaning of week of childbirth
	Meaning of associated employer
	Women who work for more than one employer
	SECTION 2: TIME OFF FOR ANTENATAL CARE
	The right to time off
	Payment during time off
	Dismissal for asserting the right to time off
	Complaints relating to time off
	SECTION 3: PROTECTION AGAINST DETRIMENT OR DISMISSAL ON GROUNDS OF PREGNANCY OR CHILDBIRTH
	Detrimental treatment
	Complaints about detrimental treatment
	Protection from unfair dismissal
	Dismissal during pregnancy or maternity leave
	Complaints about unfair dismissal
	Dismissal on grounds unrelated to pregnancy or childbirth
	Written statement of reasons for dismissal
	The right to a written statement
	SECTION 4: MATERNITY LEAVE
	Ordinary maternity leave
	Additional maternity leave
	Compulsory maternity leave
	Notice requirements
	Contractual rights to maternity leave
	The contract of employment during the 18 weeks' ordinary maternity leave
	Contract of employment
	Terms and conditions
	Continuous employment
	The contract of employment during additional maternity leave
	Contract of employment
	Terms and conditions
	Continuous employment
	Occupational pension schemes
	Paid maternity leave
	Unpaid ordinary maternity leave
	Unpaid additional maternity leave
	Complaints about terms and conditions during ordinary or additional maternity leave
	Other leave entitlements for parents
	SECTION 5: MATERNITY BENEFIT
	Statutory Maternity Pay (SMP) and Maternity Allowance (MA)
	Women who do not qualify for SMP or MA
	The right to SMP
	The rate of SMP
	Payment of SMP
	Employer's reimbursement for SMP
	The right to MA
	The employment test
	The earnings test
	The rate of MA
	Payment of MA
	Disqualification from Statutory Sick Pay (SSP)
	SECTION 6: THE START OF MATERNITY LEAVE AND MATERNITY BENEFIT
	Advance notification
	Change of leave dates
	Employer's notification of end of leave
	The intended start date
	Absence due to childbirth before the intended start date
	Absence for a pregnancy-related reason before the intended start date
	Dismissal or resignation before the intended start date
	Start of Maternity Allowance (MA)
	Childbirth before the intended start date
	Absence from work for a pregnancy-related reason before the intended start date
	Length of SMP or MA period
	SECTION 7: RETURN TO WORK AFTER MATERNITY LEAVE
	Intended date of return to work after ordinary or additional maternity leave
	Return to work before end of ordinary or additional maternity leave
	Return to work at the end of ordinary maternity leave
	Return to work at the end of additional maternity leave
	Sickness at the end of ordinary or additional maternity leave
	Employees who do not wish to return after maternity leave
	SECTION 8: RIGHTS ON AND AFTER RETURN TO WORK FROM MATERNITY LEAVE
	Return to work after ordinary maternity leave
	Return to work after additional maternity leave
	Return after ordinary maternity leave followed by parental leave
	Return to work after parental leave taken immediately after the end of additional maternity leave
	Employees who return to work after two consecutive periods of maternity leave
	Offer of similar job after additional maternity leave
	Return to work part-time after maternity leave and the right to request flexible working patterns
	Dismissal on or after return to work after maternity leave
	Circumstances where dismissal at the end of additional maternity leave will not be unfair
	Dismissal on grounds unrelated to maternity leave
	Terms and conditions on or after return to work
	Ordinary maternity leave
	Additional maternity leave
	Variation of terms and conditions of employment
	Complaints about variation of terms and conditions
	SECTION 9: REDUNDANCY DURING MATERNITY LEAVE
	Entitlements on redundancy during maternity leave
	SECTION 10: HEALTH AND SAFETY
	Risk assessment
	Avoiding the risk
	Removal of employees from risk
	Night work
	Offers of suitable alternative work
	Entitlements during maternity suspension
	Complaints about remuneration during maternity suspension
	Dismissal on grounds related to maternity suspension
	SECTION 11: SEX DISCRIMINATION
	Protection against sex discrimination
	Direct and indirect discrimination
	Direct discrimination in cases of pregnancy
	Protection based on indirect discrimination
	Complaints about sex discrimination
	SECTION 12: COMPLAINTS TO EMPLOYMENT TRIBUNALS
	Complaints which may not be made to an employment tribunal
	Time limits
	Settling a dispute
	Procedure for making a complaint to an employment tribunal
	Remedies
	Remedies for unreasonable refusal of time off for antenatal care
	Remedies for unfair dismissal
	Remedies for sex discrimination
	ANNEX A: MODEL LETTER FOR EMPLOYERS TO ACKNOWLEDGE NOTIFICATION OF MATERNITY LEAVE
	ANNEX B: MAIN CHANGES TO MATERNITY RIGHTS FOR WOMEN EXPECTING BABIES ON OR AFTER 6 APRIL 2003
	Maternity rights flowchart (13Kb)

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Last updated 21 January 2004