There is a requirement for all employers to provide all pregnant women, in their employment, with the basic or minimum statutory rights as stated by law. This legislation covers various areas including the right to resume work after Maternity Leave and applications to work flexible hours.
To qualify for maternity leave you must be an ‘employee’. As an ’employee’ you have the right to 26 weeks of ‘Ordinary Maternity Leave’ and 26 weeks of ‘Additional Maternity Leave’ making one year in total. You will be entitled to this irrespective of the length of employment with your employer, or how many hours you work or how much you are paid.
You continue to be an employee throughout your Ordinary and Additional maternity leave. You may be entitled to receive Statutory Maternity Pay for up to 39 weeks of the leave. Maternity pay can be paid even if you are not an employee.
Company schemes
Your employer may have their own Maternity Leave scheme which could be more generous than the statutory scheme. Check your contact of employment or staff handbook for details or ask your employer. Your employer cannot offer you less than the statutory scheme.
Returning to work
When you return to work after taking ordinary maternity leave, you have a right to the same job and the same terms and conditions as if you hadn’t been absent. This also applies when you come back after additional maternity leave, unless your employer can show that it is not reasonably practicable for them to take you back in your original job (for example, because the job no longer exists). In these circumstances your employer must offer you alternative work with terms and conditions as if you hadn’t been absent.
Taking parental leave after maternity leave
You can take up to four weeks’ parental leave at the end of your maternity leave without affecting your right to return to the same job. If you take more than four weeks you will be able to return to the same job unless this is not reasonably practicable. In these circumstances your employer must offer you alternative work with terms and conditions as if you hadn’t been absent. You can choose to take parental leave at a later time after you have returned to work if you prefer.
Giving notice of your return to work
Although you are not required to give notice that you are coming back if you take your full leave it is a good idea to do so. If you decide not to return to work at all, you must give your employer notice in the normal way.
The right to work flexible hours
Current legislation states that if you are the parent of a child, you have the right to work flexibly providing your circumstances meet the stipulated criteria.
Flexible working can include working part time, working school hours, working flexi time, home working, job sharing, shift working, staggering hours and compressing hours (where you work your total number of agreed hours over a shorter period).
Although you have the right to ask to work flexibly, your employer doesn’t have to agree to it. However, they must give your request serious consideration and have a good business reason if they decide not to agree. Requests must be in writing and only one application can be made each year.
On receipt of your application there is a standard procedure that your employer must follow. If your employer wants to turn down your request for flexible working, they must give their reasons in writing. Employees who have their applications turned down have the right to appeal.
What to do if you have problems
If you are concerned that you are being denied your rights, talk to your employer first of all. An employee representative, (e.g. trade union official), may be able to help you. If this does not work or if you are not in a union, you may want to consider using your employer’s internal grievance procedure. If you are still unhappy, you can make a complaint to an Employment Tribunal.
