EssentialSkillz

  • Admin resources
  • Contact us
  • Support
  • +44 1244 911677
  • Online Training
    All Courses
    60+ SCORM compliant, fully editable online training courses covering critical Health & Safety, Business Protection and Wellbeing topics.
     
    Health & Safety Courses
    35 expertly written online training courses designed to help organisations create a safe, secure and compliant workplace.
    Business Protection Courses
    19 CPD certified online training courses that address key critical issues faced by organisations across the world today.
    Mental Health & Wellbeing Courses
    Create a positive workculture centered on mental health and wellbeing with our engaging online wellbeing courses
     
    Online DSE Training and Risk Assessment
    Fully automate your DSE training and risk assessment process and easily identify, manage and eliminate risks with our acclaimed management system.
    Course List Download free!
    Click here to see the full list of courses in our Online Learning library.
  • Learning Management System
    Learning Management System
    A step apart from any other LMS, WorkWize can take your compliance process to the next level.
    Oversee the entire training process with our versatile management platform.
     
    Rapid Authoring Tool
    WorkWize Author makes creating engaging and fully interactive courses simple. Rapidly design, build and deploy engaging training courses and materials in just a few clicks.
    Risk Assessments
    WorkWize Assess has everything you need to identify, manage and eliminate risk. Create assessments that allow users to fix low-level issues and escalate high-level ones to admins.
    Integrate with your System
    From our course library to our reporting feature, our versatile integrations can work with your existing system to make your compliance system even more effective.
     
    Get a Free Trial & Demo

    Ready to get started? Book an online demo or try any course for free and find out why EssentialSkillz is right for you.
  • Pricing
  • Resources
    Webinars
    Join one of our webinars to learn how you can optimise operational performance, safety requirements, and business outcomes.
     

    text

    Health & Safety Resources
    Health & Safety eLearning is vital for any organisation view our free resources here
    Business Protection Resources
    Professionally written by our dedicated team of content experts with external legal guidance where required.
    Learning Management System Resources
    Software that helps large organisations to achieve DSE / VDU compliance across your entire workforce.
     
    Blogs
    Thought leadership on Health & Safety, Business Protection, Compliance issues, and Customer success stories

    Get your Free Course list

    Click here

  • About
    • Contact Us
    • Careers
    • Testimonials
  • Free Trial Request
FREE TRIAL
  • Home
  • Blog
  • Health and Safety Resources
  • Maternity Rights at Work – Everything You Need to Know
 
scobden
Tuesday, 02 April 2019 / Published in Health and Safety Resources

Maternity Rights at Work – Everything You Need to Know

Becoming a mum is an exciting and life-changing experience.

From the moment that expectant mothers return to work with the good news, they are afforded certain protections, known as maternity rights, that are designed to protect their health and wellbeing as they continue to work throughout their term.

Indeed advances in medicine, coupled with growing economic pressure often mean that women continue to work further and further into their pregnancy or adoption term before they take their leave.

To ensure the health and safety of expectant mothers in the workplace, it’s important that everyone, from mums-to-be to line managers, understands what these maternity rights are and why they’re such a vital part of maintaining a safe and respectful workplace culture.

 ________________________________________________________________________________________________________

Maternity Rights at Work- Laws and Regulations

There are four key pieces of legislation that govern the rights of expectant mothers in the workplace.

Maternity Rights at Work The Health and Safety at Work Act 1974 outlines the responsibility that employers have to create and maintain a safe and secure workplace for their employees. These regulations are purposefully broad in nature to ensure that all employees are protected, including new and expectant mothers.

The Management of Health and Safety at Work Regulations 1999 (specifically sections 16 to 18) require employers to conduct suitable and thorough risk assessments to identify risks that pose a danger to the health, safety and wellbeing of new and expectant mothers. Once these risks have been assessed employers must introduce appropriate safeguarding measures that eliminate or minimise the risk involved.    

The Workplace (Health, Safety and Welfare) Regulations 1992 require employers to provide adequate welfare facilities for new or expectant mothers. This can include anything from appropriate rest areas to private rooms where mothers are able to lie down if necessary. Medical advice provided by a doctor is often taken into account to determine the best course of action.  

The Equality Act 2010 provides protection to expectant mothers and those on maternity/adoption leave against discrimination. This can include instances where employers have acted unlawfully, such as reducing working hours without warning or failing to implement reasonable change for the purpose of health and safety.

Each act and list of regulations are designed to protect the rights of new and expectant mothers, and ensure that their needs are addressed appropriately within the workplace. Additionally, they serve to outline and reinforce the level of responsibility that employers have to take proactive steps towards health and safety.

________________________________________________________________________________________________________

Maternity Rights at Work – What You Need to Know 

Under UK law, expectant mothers (including adopting parents) have certain rights that are designed to protect them from harm, abuse or discrimination while at work.

Expectant mothers are entitled to:

Protection for Health, Safety and Wellbeing

As outlined under the acts and regulations above, employers have a duty of care to ensure that the workplace is safe and suitable for all employees, including expectant mothers. One of their key responsibilities is to carry out a thorough risk assessment.

Employers should be notified about your pregnancy at least 15 weeks before your expected due date. However, there are a number of reasons why this might not always be possible, particularly if the pregnancy is not detected during the early stages. In this case, the employer must be informed as soon as possible.

Once an employer is informed, they should revisit their existing risk assessment to ensure it’s suitability. It’s highly recommended that you discuss any specific needs (as outlined by your doctor or midwife) with your employer so they can identify any actions that need to be taken.

If risk cannot be eliminated, employers must minimise or control them in one of three ways:

  • By temporarily adjusting working conditions or hours of work
  • By offering suitable, alternative work at the same rate of pay
  • If no suitable work is available, the employee must be suspended from work on full pay as long as is necessary to protect the health of mother and baby

Employees that are suspended on medical grounds (due to pregnancy) are entitled to pay equal to a normal week’s wage. However, your employer may decide to offer work that may be more suitable for you during the course of your pregnancy. If you are offered suitable work, you must take it, or you may lose your right to be paid.

If you are concerned about a health and safety issue but your employer doesn’t agree it’s an issue, you should talk to your health and safety manager or a union official if you are a union member. You can also consult your doctor or contact the Health and Safety Executive if your employer refuses to take action.

Access to Prenatal Care

Maternity Rights at Work

Expectant mothers are entitled to reasonable leave (with full pay) to attend any prenatal care appointments.

Prenatal (also referred to as antenatal) care is not defined in law and may cover a variety of needs. While in most cases prenatal care relates to medical appointments, it could also include Lamaze sessions and parenting classes. Employers will request proof in the form of appointment cards to authorise paid leave.

Adopting parents are entitled to paid leave to attend adoption appointments, and any appropriate care classes to aid in the adoption process.

Maternity Leave

 Expectant mothers have the right to 26 weeks of ordinary maternity leave. They can also take a further 26 weeks of additional maternity leave which equals one year in total. The full 52 week total is known as Statutory Maternity Leave (SML).

Adopting parents are entitled to the exact same terms of leave, which is known as adoption leave (AL).

Adoption leave can start:

  • Up to 14 days before the date your child starts living with you (for adoptions within the UK)
  • When your child arrives in the UK or within 28 days beforehand (for overseas adoptions)
  • The day your child is born or the following day (in the case of a surrogate pregnancy).

While you’re away on SML or AL, your organisation is required to keep your position open for you by law. In most cases, they will advertise for maternity cover and in others, they may redistribute your workload to employees that share your job role or work within your department.  

Maternity Pay

 Expectant mothers are entitled to 39 weeks of Statutory Maternity Pay (SMP).

To qualify for SMP expectant mothers must:

  • Earn on average at least £116 a week
  • Have been employed by your employer for at least 26 weeks
  • Provide notice
  • Provide proof of pregnancy or adoption (Note: although employers are permitted to request proof by law, the majority of organisations do not exercise this right).  
  • Have worked for your employer for at least 26 weeks continuing into the ‘qualifying week’ which is the 15th week before the expected week of childbirth.

SMP varies from person to person according to their respective salary.

  • For the first six weeks of SMP you’ll be paid at 90% of your average gross weekly earnings or £140.98 (whichever is the lowest estimate).
  • For the remaining 33 weeks, you’ll be paid at the lower end of either the standard rate of £140.98, or 90% of your average gross weekly earnings.
  • The last 13 weeks of SML, if you choose to take it, is unpaid.

If you don’t fulfil the requirements for SMP, you may be entitled to Maternity Allowance (MA) instead.  Maternity allowance You can claim Maternity Allowance when your pregnancy reaches 26 weeks. Payments can start 11 weeks before your baby is due.

maternity rights at work Adopting parents are entitled to Statutory Adoption Pay (SAP) which adheres to the same criteria as SMP.

Additionally, many businesses and organisations now offer contractual maternity/adoption pay as part of their employment benefits package. In some cases, the contractual pay offered by your employer could be more than SMP or SAP, and can’t be any less. Details on any contractual pay will be outlined in your contract, or talk to your HR for more information.  

 

If you’re not sure about whether you qualify, or how much you may be entitled to, visit the UK government site to access their maternity calculator.

Protection Against Discrimination and Dismissal 

It’s unlawful for employers to treat women less favourably because of their pregnancy or desire to adopt. Employers can’t:

  • Change terms and conditions of employment
  • Reduce working hours without cause or permission
  • Schedule work breaks that are purposefully unsuitable
  • Pursue days off due to pregnancy-related illness as a disciplinary action.

Most importantly, expectant mothers can’t be made redundant as a direct result of their pregnancy/adoption. This is considered a form of discrimination, for which organisations can face civil action.  

It’s important to note that redundancy can still take place as long as an employer can fairly justify their choice. Situations where this may be possible include necessary departmental closures or operational restructuring. However, you are entitled to the same level of consultation that’s offered to other employees, including information on suitable alternative job roles within your organisation. Employers can’t discount you from the selection process based on your pregnancy/adoption, pregnancy-related illnesses or any impending leave you have.

However, just because you are on maternity leave, it doesn’t mean you can’t speak with your employer.

In fact, it’s often a good idea to stay in contact, so that you feel more prepared when you do decide to return. You can work up to 10 days for your employer without losing your SMP entitlement. These are called keeping in touch days, and they can be taken at any point during your leave. It’s important to remember that these days are entirely optional, and work and pay entitlements should be agreed on by both parties.  

However, if you do more than 10 days of work for your company, you will lose your SMP for each week in your maternity pay period.

________________________________________________________________________________________________________

Conclusion

The rights of new and expectant mothers in the workplace can be quite confusing because of the sheer amount of detail they go in to. But its important to remember that these rules and regulations are designed to make sure mums throughout the UK are able to work free from harm or discrimination.   

This article is purely for informational purposes. For more information on maternity rights in the UK, visit: https://www.gov.uk/maternity-pay-leave

What you can read next

What is Adult Safeguarding
What is Adult Safeguarding?
Are You Ready for ISO 45001?
Deaths and Injuries In The Workplace

Course List Download

 

PRODUCTS

Health & Safety Courses
Business Protection Courses
Wellbeing Courses
RoSPA Approved Courses
IOSH Online Training Suite
Learning Management System
DSE Risk Assessment & Training

COMPANY

About
Careers
Contact
Blog

Why us

SUPPORT

Chat
Support
Privacy policy
Terms of service
Webinars 

© 2019 EssentialSkillz.com | All rights reserved.

Legal  |  Privacy Policy

TOP

Fully CUSTOMISABLE & regularly update eLearning

Discover why over 500 of the UK's largest organisations trust us as their online training provider.

YES, I WANT MY FREE TRIAL

Cookies

This site uses cookies: Click here to find out more.