Time Off
All women are entitled to ‘reasonable’ paid time off to attend ante-natal appointments. An attempt, however, should be made to arrange these either at the beginning or end of the day. Their employer should be notified prior to any absence. It is reasonable for an employer to request that they try to arrange appointments at the beginning or end of the day wherever possible.

Women are not allowed to return to work within the first two weeks after childbirth. In the case of factory workers this is extended to four weeks. An employer can be fined £500 if these time scales are ignored.

Sick Leave
Pregnant employees continue to have the same rights to Statutory Sick Pay and any occupational sick pay scheme as other employees.

Although employees have no right to special treatment, employers should approach absences in the early stages of pregnancy sympathetically and should try to accommodate short-term requests for flexible working if possible.

Employers have the right to deem a woman off sick for a pregnancy related reason after the beginning of the 6th week before her expected week of confinement, rather than treating her as being off sick.

Communication/Notification requirements prior to commencing Maternity Leave
- Maternity leave can begin no earlier than 11 weeks before the expected week of confinement (ECW)
- 21 days’ notice must be given by all employees prior to the commencement of their maternity leave
- Employers should have a standard form for completion that also requests the MATB1 Form, expected date of birth and the date the employee intends commencing leave.
- Although there is no requirement for an employee to indicate whether they intend to take Additional Maternity Leave, this question should be asked at the time.

Statutory Maternity Pay (SMP)
All employers are entitled to reclaim a minimum of 92% of SMP. For smaller employers this may be increased to 105% dependent on the amount of National Insurance the company pays annually. Employees may also be entitled to receive a tax rebate.

All employees with over 26 continuous weeks of service by the 15th week before the ECW are entitled to SMP.

Employees with less than 26 weeks’ service can claim maternity allowance (MA) from the DSS for 18 weeks by completing an MA1 form available from the Benefits Agency and an SMP1 form which can be obtained from their payroll administrator.

While there is no legal requirement for employers to allow employees to return to work on a part-time basis, any requests should be considered very carefully to avoid possible claims of sex discrimination. Any refusal of a reasonable request must be made on business grounds and employers should consider the practicality of a job share if the role cannot be managed on a part-time basis.

Should an employee fail to return to work at the end of her leave period she should be treated in exactly the same way as any other absent employee. If she is sick she will be entitled to sick pay in the normal way and if there is no acceptable reason for her absence this can be addressed using the organisation’s disciplinary process.

Maternity Leave Periods
There are two different maternity leave periods. An employee’s length of service determines which one applies.

Ordinary Maternity Leave
Applies to any employee with less than one year’s continuous service before the 11th week prior to their expected week of confinement. - Provides 18 weeks’ paid leave. The first 6 weeks at 90% of their basic salary. The remaining 12 weeks at a flat rate of £62.20 (2001). - Employers are required to treat absent employees’ as if they were ‘still at work’. Anything that they would have received they should be entitled to - e.g. all benefits including their contractual right to accrue annual leave (not the right to have it paid) and any salary reviews that might take place in their absence. - Employees have the right to return to their original position on exactly the same terms and conditions.

Additional Maternity Leave
Applies to any employee with over one year’s continuous service before the 11th week prior to their EWC. - Additional leave period begins immediately after the Ordinary Maternity Leave period has expired and runs for 29 weeks after the birth date. - There is no statutory right to pay during this period of extended leave, although many companies do offer enhanced contractual rights over this period that can include pay. - During this period of absence the contract continues and as a result so does an entitlement to accrue annual leave in accordance with the Working Time Regulations. Again some organisations offer enhanced leave entitlements over the extended leave period. - Employers can write to employees on leave 21 days before the expiry of the Additional Maternity Leave period requesting a confirmation of an intention to return and an anticipated return date. - Employees have a right to return to their old position or if this is not practical should be offered a similar job on no less favourable terms.

Employment Bill 2001
If enacted the following provisions relating to working parents are anticipated to come into force from April 2003. - Six months’ paid, and a further six months’ unpaid, maternity leave for working mothers. - Six months’ paid, and a further six months’ unpaid, maternity leave for adoptive parents. - Two weeks’ paid paternity leave for working fathers. - An increase in Statutory Maternity Pay from £62 per week to £100 per week. - Reimbursement of maternity, paternity and adoptive payments by employers from the government, with small employers receiving 100% reimbursement plus a bonus payment on top.

Should you require further information on any of the above, or on any other matter of Employment Law, please contact Chris Wiper, Senior Partner, Close Thornton Solicitors on 01325 466461 or e-mail.

For further information about this news release please contact Close Thornton Solicitors Marketing and Media Department. Tel: 01325 466461 or e-mail.

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