Yes, you are allowed reasonable time off to attend antenatal appointments. This can include non-medical appointments, such as parenting classes, if recommended by a medical professional.
Yes, employees have the right to maternity leave from day one of their employment. There is no need to have worked for a certain length of time before you can take maternity leave. You should give notice to your employer of your intention to take maternity leave by the 15th week, or as soon as reasonably practicable, before your due date.
You are entitled to take 52 weeks maternity leave. The first two weeks immediately after birth are compulsory for all employees.
You can start your Statutory Maternity Leave any time from 11 weeks before the beginning of the week when your baby is due. Maternity leave will start the day after the baby’s birth if the baby is early. Maternity leave starts automatically if you’re off work for a pregnancy-related illness in the four weeks before the week that your baby is due.
Your employment contract continues while you are on maternity leave. You remain entitled to benefits such as pension contributions and the benefit of a pay rise. You must be kept informed about any reorganisation or changes in your workplace that might affect your job and any promotion and training opportunities.
Yes, you continue to accrue annual leave while on maternity leave. Your employer should not expect you to take annual leave while on maternity leave or to be paid an amount of money for annual leave, rather than taking the time off. You should come to an arrangement with your employer about when you will take your annual leave.
There are two types of maternity pay: contractual maternity pay and Statutory Maternity Pay (SMP). If you are entitled to contractual maternity pay, it will be set out in your contract of employment or maternity policy.
As long as you have worked for your employer for 26 weeks and meet other eligibility requirements, you will be entitled to SMP. It is not considered a ‘public fund’ so it can be claimed even if your visa is subject to the ‘no recourse to public funds’ condition.
You can find out more about entitlement to SMP here: Maternity pay and leave: Pay – GOV.UK (www.gov.uk).
Your employer can ask you to return to work earlier than 52 weeks, but must not pressurise you to do so. If you want to return to work earlier than the 52 weeks, you must give your employer eight weeks’ notice unless otherwise agreed.
After maternity leave, you are entitled to return to your old job with the same terms and conditions. Only in limited circumstances, can your employer offer you a different role.
If you employer tries to change your terms and conditions or gives you a different role after maternity leave, seek advice from your Trade Union, Law Centre NI or the Equality Commission.
If your employer treats you less favourably because you are pregnant or on maternity leave, it might constitute unlawful discrimination.
Examples of discrimination include:
- Not being given a job because you are, or are likely to become, pregnant.
- Failure to protect your health and safety at work during pregnancy.
- Being unfairly dismissed when pregnant or on maternity leave.
- Not being considered for promotion or training opportunities while on maternity leave.
- Refusal of a request for flexible working.
For further advice and assistance regarding maternity rights at work, contact your Trade Union, Law Centre NI or the Equality Commission.
Maternity Action provides advice on maternity rights at work, you can access its website here: Home – Maternity Action.
