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The area of Maternity and Paternity work rights is quite complex so on this page we have provided a summary of the basic work rights plus links to sites that offer more detailed information and advice.

Am I entitled to maternity leave?

You are entitled to maternity leave if you are an employee. There are two lengths of maternity leave depending on how long you have been working for your employer: Ordinary Maternity Leave and Additional Maternity Leave.

How much maternity leave can I take?

Ordinary Maternity Leave (OML) lasts for 26 weeks. It doesn't matter how many hours you work or how long you have worked for your employer, all employees are entitled to ordinary maternity leave from day one.

Additional Maternity Leave (AML) lasts for 26 weeks and starts at the end of ordinary maternity leave. You are entitled to take additional maternity leave if you have worked for your employer for 26 weeks by the 15th week before your baby is due.

When can I start maternity leave?

You can start your leave up to 11 weeks before your baby is due or you can work right up to due date if you wish. Your employer can only 'trigger' your leave if you are off sick with a pregnancy-related illness in the last four weeks of your pregnancy.

Do I have to give notice to take maternity leave?

Yes, to take maternity leave you must give notice to your employer in or before the 15th week before your baby is due and tell them:

• That you are pregnant;
• The expected week of childbirth;
• The date on which you intend to start your ordinary maternity leave.

If this is not possible then give notice to them as soon as you can.

Am I entitled to Statutory Maternity Pay?

Statutory Maternity Pay 'SMP' is maternity pay lasting 26 weeks. For the first six weeks you receive 90% of your average pay. After that you receive a 'basic rate' for 20 weeks which is £102.80 per week (or 90% of your average earnings if that is less).

You will be entitled to SMP if:

• you have been employed by your present employer for at least 26 weeks by the end of your 'qualifying week' (the 15th week before your baby is due);
• you are still employed in the 15th week before your baby is due - even if you are off sick or only work part of the week, and;
• you actually receive at least £79 per week before tax on average in the eight weeks (if you are paid weekly) or two months (if you are paid monthly) before the end of your qualifying week.

To claim SMP you must give your employer 28 days notice and give them your MATB1 maternity certificate which your midwife will give you when you are about 20 weeks pregnant.

Self-Employed - Can I get any maternity pay?

Yes, you may be entitled to Maternity Allowance if you have worked (including self-employment) for 26 weeks during the 66 weeks before your baby is due, and you can find 13 weeks in which you earned over £30 a week or paid Class 2 (self-employed) National Insurance contributions or held a certificate of small earnings exception. To claim Maternity Allowance, ask your local Jobcentre Plus for form MA1.

Am I entitled to paternity leave?

You can take paternity leave if:

• you are an employee;
• you have worked for your employer for 26 weeks by the 15th week before the baby is due or, if the baby is born before then, you would have worked for your employer for 26 weeks by the 15th week before the baby is due;
• you are still employed by the same employer before the birth;
• you are the biological father or the mother's husband or partner (including same sex partners);
• you are responsible for the child and taking time off to care for the child or support the mother.

How much paternity leave can I take?

You can take up to two weeks leave from work following the birth of a baby. You can take one week or two weeks in a row but not odd days or two separate weeks.

Paternity leave must be taken within 56 days of the birth or, if the baby is born before the expected week, paternity leave can be taken any time from the actual date of birth up to 56 days from the date the baby would have been DUE.

Do I have to give notice to take paternity leave?

To be entitled to paternity leave you must give notice to your employer in the 15th week before the baby is due and tell them:

• when the baby is expected to be born;
• how much leave you wish to take;
• when you wish the leave to start, and;
• whether you wish to have one or two weeks paternity pay.

Am I entitled to Statutory Paternity Pay?

Statutory Paternity Pay is £102.80 per week (or 90% of average weekly earnings if this is less) for two weeks of paternity leave. You will be entitled to statutory paternity pay if:

• you have worked for your employer for 26 weeks by the 15th week before the baby is due and are still employed by the same employer before the birth, and;
• earn £79 on average or more, and;
• sign a declaration saying that you are the baby's father or the husband/partner of the mother and are responsible for the baby's upbringing.

You can find more information about your work rights through the following Organisations.

The Maternity Alliance

The Maternity Alliance is a national charity working to end inequality and promote the well being of all pregnant women, new parents and their babies.

Their web site has an excellent section containing the latest information on maternity and parental work rights including a whole series of detailed factsheets.

The Maternity Alliance
Third Floor West
2-6 Northburgh Street
London
EC1V 0AY

Office: 020 7490 7639

Information Line - 020 7490 7638

Fax: 020 7014 1350

www.maternityalliance.org.uk

Working Families

Working Families, formerly Parents At Work and New Ways to Work, is a campaigning charity which supports and gives a voice to working parents and carers, and helps employers create workplaces which encourage work-life balance for everyone.

They offer a range of factsheets covering issues such as maternity rights, flexible working, parental and emergency family leave, paternity leave plus an online forum and free legal helpline.

Working Families
1-3 Berry Street
London
EC1V OAA

Tel: 020 7253 7243
Fax: 020 7253 6253
Answerphone for free factsheets: 020 7490 2414
Legal helpline freephone 0800 013 0313

www.workingfamilies.org.uk

TIGER - Tailored Interactive Guidance on Employment Rights

This interactive DTI government web site is designed to provide a user-friendly guide through different aspects of UK employment law including Maternity and Paternity Rights.

www.tiger.gov.uk