Maternity

Length of maternity leave
Pregnant employees are entitled to 26 weeks' ordinary maternity leave, regardless of how long they have worked for their employer. Most mothers will usually qualify to be paid Statutory Maternity Pay or Maternity Allowance during ordinary maternity leave. For more information (see below) Women who have completed 26 weeks' continuous service with their employer by the beginning of the 14th week before their expected week of childbirth ("EWC") can take additional maternity leave. Additional maternity leave starts immediately after ordinary maternity leave and continues for a further 26 weeks. Additional maternity leave is usually unpaid although a woman may have contractual rights to pay during her period of additional maternity leave.

Notice of intention to take maternity leave
A pregnant employee must notify her employer of her intention to take maternity leave by the end of the 15th week before her EWC, unless this is not reasonably practicable. She must tell her employer:

	that she is pregnant
	the week her baby is expected to be born
	when she wants her maternity leave to start

A woman can change her mind about when she wants to start her leave providing she tells her employer at least 28 days in advance (unless this is not reasonably practicable).

Employers are required to respond to a woman's notification of her leave plans within 28 days unless the woman has varied that date, in which case the employer must respond with 28 days of the start of maternity leave. An employer must write to his employee, setting out the date on which he expects her to return to work if she takes her full entitlement to maternity leave.

The earliest date a woman is able to start her maternity leave is the beginning of the 11th week before her baby is due.

Returning to work after maternity leave
It is assumed that a woman will take her full leave entitlement (either 26 or 52 weeks, depending on whether she qualifies for Additional Maternity Leave) and then return to work. If she wishes to return before she has used all her maternity leave then she must give her employer at least 28 days' notice of her new return date.

Sickness trigger
A woman's maternity leave starts automatically if she is absent from work for a pregnancy related illness during the four weeks before the start of her EWC, regardless of when she has said she actually wants her maternity leave to start.

Statutory Maternity Pay
Pregnant employees who meet the qualifying conditions based on their length of service and average earnings are entitled to receive employers up to 26 weeks' SMP from their.

Qualifying conditions

	She must work for someone who is liable (or would be liable but for low earnings) to pay the employer's share of her Class 1 National Insurance contributions.
	She must have 26 weeks' continuous service with her employer into the 15th week before the week her baby is due. The 15th week before the week the baby is due is known as the qualifying week
	She must have average weekly earnings in the eight weeks up to and including the qualifying week at or above the lower earnings limit (LEL) for the payment of National Insurance (NI) contributions (£79 a week from April 2004).

Levels and length of payment

	Paid for a maximum of 26 weeks.
	Six weeks at 90 per cent of her average weekly earnings (with no upper limit).
	20 weeks at a flat rate of £106 or 90 per cent of her average weekly earnings if that is less than the flat rate

Other aspects of UK employment law for employees include:

Choose area of interest Age discrimination Bonuses Compromise agreements Constructive dismissal Contracts of employment Dismissal and grievance Procedure Maternity Notice Race discrimination Redundancy Restrictive convenants Sex discrimination Sexual orientation Sickness Unfair dismissal Working parents Wrongful dismissal