Maternity, parents and carers — overview

There is a number of specific protections given to employees who are pregnant, have just given birth, or are on maternity leave.

Fathers have the right in certain circumstances to a period of paid paternity leave.

Both parents have an additional right to take unpaid time off to care for children under five.

Those caring for children under 17 (or 18 if the child is disabled), or certain categories of adults, have the right to make a request to work flexibly.

Time off work for ante-natal care

Pregnant women are entitled to paid time off to attend ante-natal care provided that the care has been recommended by a doctor, nurse or midwife.

Detriment or dismissal on grounds of pregnancy, childbirth or maternity leave

Whilst she is still at work, a woman is protected from suffering any detriment by reason of her pregnancy or because she is planning to take maternity leave. This does not simply protect her against harassment or abuse, but also from being shut out of decision making or given fewer opportunities for career progression by reason of maternity.

Risk assessments and suspension from work relating to maternity

She also has the right to have a risk assessment carried out if there is any chance that her work creates a risk of harm to her or her baby. If that risk assessment flags up any potential problem, her employer must do everything reasonable to remove the risk. If the risk cannot be removed, her employer must look for suitable alternative employment for her, at the same pay and conditions. Ultimately, if there is no way that she can work safely, she is entitled to be suspended on full pay.

Maternity pay

Most women are entitled to be paid statutory maternity pay (SMP) for a period of 39 weeks. Women who are not entitled to SMP may be entitled to a basic payment called Maternity Allowance.

Some employers provide contractual maternity pay which is more generous than the statutory pay but may have conditions attached, such as a requirement to return to work after maternity leave and remain in post for a minimum period.

Maternity leave

A woman has the right to take up to 52 weeks of maternity leave. There are various provisions which protect a woman's contractual rights during the time she is on leave.

The right to return to work after maternity leave

Women have the right to return to work at the end of their maternity leave unless their position has become redundant whilst they have been on leave. If a woman's role is made redundant during her maternity leave, she has special rights to be considered for alternative employment.

Paternity leave and pay

Men are entitled to ordinary and/or additional paternity leave and pay in certain circumstances.

Ordinary paternity leave can be either one whole week or two consecutive whole weeks. It cannot be broken up into odd days.

Ordinary paternity leave may start at any time in the first eight weeks after the baby is born (unless the baby is born early in which case the father can choose to start it any time up to eight weeks after the baby was expected to be born).

Additional paternity leave is for a minimum of two weeks and a maximum of 26 weeks. It too must be taken in complete weeks and cannot be broken up into odd days.

Additional paternity leave may start at any time after 20 weeks has elapsed since either the baby was born or the child was placed for adoption, provided the mother or the adopter has returned to work.

Parental leave

Parents of young children are entitled to take up to 13 weeks of unpaid leave to care for them during the first five years of their life.

13 weeks' leave can be taken in respect of each child. The leave can be taken by each parent. So, for example, where a mother and father both have responsibility for the twins, each of them can take 26 weeks of leave to care for the two children.

Parental leave can be taken at any time up to the child's fifth birthday (or, in the case of a child who suffers from a disability, any time up to their 18th birthday). Where a child is adopted, leave can be taken at any time in the first five years after the child is placed with its adoptive parents, but the right ends when the child reaches 18, even if that is before the five years are up.

Flexible working

Male and female employees have a right to make a request to work flexibly if they:

• have (or expect to have) responsibility for the upbringing of a child under 17 (or a child with a disability who is under 18), or

• are (or expect to be) caring for another adult who falls into one of various defined categories