I`m Pregnant. What Do I Tell My Boss?
What do I tell my boss?
your rights and benefits
My manager said I can’t have time off for my antenatal clinic, is this true?
All pregnant women are entitled to paid time off to attend antenatal appointments as required by a registered medical practitioner, midwife, or health visitor. The employee must show a certificate issued by one of the above professionals to confirm they are pregnant, together with proof of the appointment. You are not expected to do this for the first appointment as this will be when you ask for the documentation Antenatal appointments include childbirth preparation or relaxation classes, as these are an important part of your care. If your employer is refusing to allow you time off, start by talking it through with him or her. If this doesn’t help, seek advice from your human resources department or another senior member of staff You can also contact trade union representatives, the Advisory, Conciliation, and Arbitration Service (ACAS), or the Citizens’ Advice Bureau (see p 310).
When is the best time to tell my employer that I’m pregnant?
As soon as your employer knows that you are pregnant, the employment laws that protect you will apply, so it’s a good idea to tell him or her straight away. It is recommended that you inform your employer in writing with details of your expected due date. Your employer should then conduct a risk assessment for you in your working environment. Any risks identified should be removed or, if this is not possible, alternative arrangements should be made for you. You can also discuss when your maternity leave will start, when you can take any outstanding holidays, and if there are any other entitlements If your baby is born early or your maternity leave starts earlier than planned due to illness, the arrangements can be altered at short notice. Your employer should respect
your right to confidentiality, so by telling them, this should not mean that everyone else at work will know. If you wish the issue to remain confidential until a certain date, you could add this to your letter.
Can you tell me about the new baby funding from the government?
The government introduced the Child Trust Fund for children born after the 1st September 2002. This is a voucher of E250 that is to be used to set up a tax-free savings account. The account will be for the child
alone and can only be accessed by them when they reach the age of 18, although they can start to plan what to do with the money from the age of 16. Once the account has been set up, family and friends can add to the savings to a maximum of £1,200 each year. When your child is 7 years old, a second payment of £250 is made and children of low-income families will receive an additional E250 around the same time that will be paid directly into their bank account. There are three types of account that you can choose to set up for your baby a savings account, an investment account, or a stakeholder account. Talk to a bank or building society about which account they would recommend.
Since I told my boss I’m pregnant he has been really dismissive - what should I do?
The law protects you from being unfairly treated as a result of you being pregnant. This includes dismissal on the grounds of being pregnant or a reason that is connected to pregnancy, If you feel that your boss is treating you unfairly, try to resolve this with him first.
To protect yourself, it is advisable that you keep your manager informed of your maternity leave, return date, and antenatal appointments. Always confirm appointments in writing or provide official documents that show appointment times You should also ask your manager about any additional benefits the company may have and when you will have your risk assessment. If your manager does not respond satisfactorily to these requests, seek advice from your human resources department, a senior member of staff trade union representative, ACAS or the Citizens’ Advice Bureau.
Am I sure to get my job back after having my baby?
The law states that all employees on ordinary maternity leave (52 weeks) are entitled to return to their original job. This is regardless of how long they have worked there or what hours they work. Exactly the same terms and conditions should also apply. If a member of staff returns after parental leave (see right), then they should return to the same job where possible, if not a suitable alternative should be given. You have to notify your employer, usually in writing, when your maternity leave is planned to start. When they receive this letter, they have 28 days to write and confirm your return date. You do not need to give notice if this is the date you plan to return, but if the planned date is different or changes, eight weeks’ notice is required. You cannot work for the first two weeks (or four weeks if in a factory) following the birth of your baby.
How long can I stay at home after I’ve had my baby?
The law changed in April 2007. All pregnant women. can now take up to 52 weeks as maternity leave, regardless of their length of continuous service at their place of work. Notification to your employer must be given before the 15th week before the baby is due (25 weeks’ pregnant).
Statutory maternity pay is paid for 39 weeks to pregnant women earning at least £87 per week with 26 weeks continuous service into the 15th week before the baby is due You need to give written notice to your employer 28 days before the start of statutory maternity pay. If you do not qualify for this benefit, you may receive maternity allowance for 39 weeks (see p.62).
Am I allowed to take additional time off unpaid after my paid maternity leave ends?
You can take parental leave after maternity leave and will be entitled to the same terms and conditions as if you were taking ”additional” maternity leave of 52 weeks (see above). This means you can return to the same job, where possible, or a suitable alternative should be found. Parental leave is a separate entitlement for employees who have worked for the company for one year and must be used to care for the child or to find suitable childcare arrangements. Each parent can take 13 weeks for each child and it is unpaid If you have twins, this means you will get 13 weeks for each twin. If you do not qualify for parental leave, you could take paid holiday or ask your employer for unpaid leave. It may be worth discussing flexible working options with them, too.
Can I refuse to do tasks during pregnancy if they might put my health or the baby’s health at risk?
An employer has a duty to comply with health and safety laws, and when you are pregnant your employer must carry out a risk assessment for you within the workplace. The sooner you tell your employer in writing that you are pregnant, the sooner this check will be conducted Your employer has an obligation by law to tell you of any risks known to the company that may affect your pregnancy, Common risks to you or your unborn child are exposure to toxic or harmful substances; lifting heavy loads; standing, sitting, or twisting for long periods of time; long working hours; or certain shift patterns Your employer has a duty to either remove the risk or, if this is not possible, remove you from exposure to the risk. This may involve a suitable alternative job or suspension on full pay.
The company is talking about redundancy - can they get rid of me when I’m on maternity leave?
Your employer is breaking the law if they make you redundant because you are pregnant or taking maternity leave This is an example of sexual discrimination, as they could not treat a man in the same way, However, if the reason is a legitimate one unconnected with your pregnancy, and they have not treated you any less favourably because you are pregnant, then this is allowed.
Apart from unfair redundancy, how else can I be discriminated against during pregnancy?
Other discriminatory issues during pregnancy include giving you unsuitable work (you should have had a risk assessment carried out, see above), changing your hours of work without your agreement, using pregnancy-related illness as a disciplinary issue, and giving you poor staff reports because you are pregnant
My friend came back to work and was demoted - are they allowed to do that?
Under the Sex Discrimination Act (1975) it is against the law for an employer to discriminate against an employee on the grounds of gender, marriage, pregnancy, or maternity leave This can be classified as direct or indirect discrimination. An example of indirect sex discrimination may be less favourable treatment of part-time workers, which may affect women in particular as more women tend to work part time than men. All employees on ordinary maternity leave (52 weeks) are entitled to return to their original job, however long they have worked at the company. If an employee returns after additional parental leave, they should return to the same job where possible, or if not to a suitable alternative. If it is felt that an employee has been demoted due to maternity leave, advice should be sought by the human resources department, a trade union representative, ACAS, or the Citizens Advice Bureau.
I want to work part time after my baby is born - do I have that right?
Currently the law states that parents of children under the age of 6, or disabled children under the age of 18, have the right to apply for flexible working, which can include different shift patterns, when -you work, how long you work, and where. You must make your request in writing. Your employer is duty bound to consider your request and must be able to demonstrate why this is not possible if it is refused. You are entitled to take a colleague with you to any meetings regarding this issue, which may be your trade union representative if you have one.
If at any point you feel that your employer has not reasonably demonstrated why the company cannot accommodate your request, you can seek the advice of a trade union representative, the human resources department, or another senior member of staff. Also, as previously mentioned, organizations such as ACAS and the Citizens’ Advice Bureau may be able to offer advice and information.
What is maternity allowance and will I be eligible for it?
Maternity allowance is a benefit for women who have changed jobs during pregnancy, are self-employed, or who have had low earnings or unemployment during their pregnancy (see p 63). Your midwife should be able to advise you on what you are entitled to and can give you a certificate to confirm your pregnancy, which is known as a maternity certificate or Mat B1. which you will need to claim your maternity allowance.
What happens if I decide to be a stay-at-home mum - do I have to give my maternity pay back?
If you decide that you don’t want to go back to
work after the birth, you must give your employer at least the amount of notice your contract requires for leaving your job, and more notice if possible. You are still entitled to receive your maternity pay for up to
39 weeks even if your employment ends, and as long
as you do not begin another job, and you do not have to pay any of this back. However, if you had additional maternity pay or benefits, you may be required to pay some or all of these back.
I want to work right up to the birth - is that allowed?
Yes, you can do this, but you may need a doctor’s medical certificate to confirm that -you are fit to do so, and you should tell your employer at least 15 weeks before your baby is due when you want to start your maternity leave. Think carefully before making this decision Late pregnancy is extremely tiring and, if your job is mentally and/or physically taxing, it may be better to begin your leave a few weeks before your due date. You will also need time to prepare for the arrival of your baby
I want to go back to work very quickly - how soon can I start?
Legally, you can return to work anytime from two weeks after the birth, or four weeks if you work in a factory However, on a practical and emotional level returning so soon may not be a good solution Most women find that it takes around six weeks to recover after the birth Breastfeeding takes around six weeks to become established too Even if you bottlefeed, it is probable that your hormones, together with the natural exhaustion that follows having a baby, prevent you from concentrating. You may find that it is hard to be apart from your baby for long periods and -you need to think about your baby’s needs too.
Maternity benefits
Your rights in pregnancy
There is a range of benefits available to pregnant women and what you are entitled to depends upon your individual circumstances and your employment status These benefits have improved considerably over the years Check your company’s policy, as individual companies may also offer their own, more generous, maternity package.
Ordinary maternity leave All pregnant employees are entitled to take 52 weeks of maternity leave, regardless of the amount of time they have worked for an employer and their salary You can start your leave up to 11 weeks before the baby is due You can choose to work up to your due date, although if you take any time off sick in the four weeks before your due date, your employer can start your leave from that date
You are obliged to give your employer a minimum of four weeks’ notice of when you intend to start your leave and a minimum of four weeks’ notice of when you plan to return. You are also legally obliged to take a minimum of two weeks’ leave after the birth of your baby You may need to inform your employer in writing of your intention to take leave Tell them the date when the baby is due and the date you want to start your maternity leave. If you meet certain criteria (see right), you may be entitled to statutory maternity pay for 39 weeks of your maternity leave, after which time you will be taking unpaid maternity leave.
What are my rights while I’m on leave?
You have the same employment rights and benefits (with the exception of your wages) while you are on maternity leave However, while on additional maternity leave, some of your rights, such as contributions to a pension, may be temporarily
suspended. While on leave, you are also entitled to build up your minimum holiday entitlement, which you can add on to your leave either at the beginning or the end
Statutory maternity pay If you have been in full-time employment, or work part-time or on a fixed contract for over six months, you are entitled to receive statutory maternity pay (SMP).You are eligible for this benefit if you have worked for the same company for 26 weeks, by the end of the 15th week before the expected week of the birth. This is paid at 90 per cent of your weekly earnings for the first six weeks and then at the lesser of £112,75 or 90 per cent of your weekly average for the next 33 weeks. This is not dependent on whether or not you plan to return to work, and you do not have to return the money if you change your mind about returning to work. Your employer will deduct your tax and National Insurance contributions, and then your employer reclaims around 90 per cent of your pay from the Inland Revenue.
Maternity allowance If you are self-employed have changed your job, or have had periods of unemployment during pregnancy, you are entitled to maternity allowance, which is a tax-free benefit from the government that is also dependent on your National Insurance contributions
Maternity allowance is paid for 39 weeks at a rate of £112.7 5, or 90 per cent of your average weekly earnings if your earnings are below this figure To be eligible for maternity allowance, you will need to have been working for at least 26 weeks out of the 66 weeks before your baby’s estimated due date, and have average weekly earnings of around £30. You can begin to claim your maternity allowance up to 11 weeks
before your baby is due, and the latest you can claim this allowance is the day after your baby is born.
Time off for antenatal care Your employer is legally obliged to allow you to take a reasonable amount of time off to attend any antenatal appointments, which can include time off to attend antenatal relaxation classes or hospital antenatal classes.
Additional benefits There is a range of other benefits that are not linked to employment, which pregnant women are entitled to claim. All pregnant women are entitled to free NHS dental care during pregnancy They are also entitled to free eye treatment and free prescriptions. You continue to be entitled to free dental care and prescriptions for you and your baby for a year after the birth.You will need to obtain your exemption certificate from your health authority and your midwife or doctor will give you the application form when you have your booking in appointment.
Paternity leave
Rights for fathers
Paternity leave can be granted for an employee who is the biological father or the partner or person who will be responsible for the child’s upbringing.
To qualify for paternity leave, an employee must have had 26 weeks’ continuous service at the end of the 15th week before the baby is due and the employer should be notified, in writing, by the end of the 15th week before the baby is due. The amount of leave granted is usually around one or two weeks, which can be taken together, but not as separate days This time off must be taken within 56 days after the birth Statutory paternity pay will be paid if an employee earns at least 87 pounds per week It will be worked out as the lesser of £112.75 a week or 90 per cent of the average weekly earnings. This is the standard paternity leave package, but individual companies may offer more generous terms and conditions.