MATERNITY
There are a number of statutory rights in connection with maternity:
Every pregnant employee has a right to time off with pay to attend ante-natal appointments and there is no qualifying service requirement for this right. Any dismissal of a pregnant employee for reasons connected with the pregnancy will be seen as automatic unfair dismissal and may also entitle the female employee to a claim for sex discrimination.
Subject to certain service requirements, a female employee is entitled to maternity pay of up to 26 weeks (rising to 39 weeks from April 2007). This pay is either by way of Statutory Maternity Pay (SMP) or Maternity Allowance. The normal sums paid are 90% of the employee’s normal weekly wage for the first 6 weeks followed by 20 weeks of a statutorily imposed figure.
Maternity leave is broken down into three categories: compulsory maternity leave, ordinary maternity leave and additional maternity leave. Compulsory maternity leave is two weeks following the birth of the child and must be taken. Ordinary maternity leave is a period of 6 months which can commence before the expected birth date of the child. Additional maternity leave can be for an additional 6 months following the end of Ordinary maternity leave. Throughout these periods of absence the employment is protected.