Maternity Rights

You are aware, aren't you that babies throw up a lot? And that they wet themselves several times a day and cry all night? And that they can't just go to the fridge and help themselves to last night's leftovers when they're hungry? Ultimately, you're the one who's going to have to sort it all out for them -- even if you do have helpful partners, relatives or nannies.

You sure you really want to go for this? Okay then -- let's have a look at how you can get through the first year without losing too much money and your rights to your job. We are, of course, talking about maternity rights, which include how much time off you can have and how much you'll get paid while on leave (note avoidance of the term "holiday"!).

First of all, all female employees are entitled to 26 weeks maternity leave regardless of how long they have worked for their employer (although there are plans to extend this to nine months in the near future). You're allowed another 26 weeks off if you have worked continuously for your employer for around 40 weeks before the baby's due date.

The regulations also now allow both parents to take 13 weeks leave each -- for each child. However, this new "parental" leave can be taken at any time until the child reaches 5 years old so it doesn't strictly come under maternity rights. It just enables you to extend your time off work without losing your right to return to your job. And don't forget your paid holiday entitlement too. If you do some sums, and you qualify for the full Monty in the first place, you'll realise you could take more than a year off without losing your right to return to work. It's a question of whether you can afford to, though.

At the moment, you have a statutory right to be paid during the first 26 weeks of your maternity leave.

During the first 6 weeks of maternity leave you are entitled to Statutory Maternity Pay of 90% of your salary. For the next 20 weeks of maternity leave you are entitled to receive a flat rate of £106 a week. Some employers (though not many) will pay your full salary throughout the entire 26-week period.

All maternity or parental leave subsequent to the 26 weeks will be unpaid (unless you have a generous employer, of course).

It is worth remembering that the laws regarding maternity rights were brought in to stop working women from being penalised for having a baby. This has effectively been achieved by assuming that the statutory period of leave is part and parcel of your employment contract. And, as such, you are entitled during the statutory 26-week period (apart from the pay aspect) to all the rights and benefits you would be enjoying if you were still going to work every day. So you can keep your company car and your mobile phone and know that your employer's occupational pension contributions will continue to be paid while you're away, that you'll get any pay rises or bonuses you're entitled to and that your holiday entitlement will continue to accrue. These benefits reduce if you take the additional maternity leave of 26 weeks.

Your employer also has rights, though, and it's important to stick to the rules as, in some instances, you could lose your entitlement to the full statutory allowance if you break them. For example, you must provide written notification to him/her of your intended leave of absence within a specific time period, and the same goes for when you decide you want to return to work.

In general, it is always best to liaise with your Personnel Department, assuming you have one of course. Make sure you ask to see the Staff Handbook regarding the benefits your own employer offers -- personnel staff have a lot of complicated legislation and company policies to deal with and they get it wrong sometimes, so it's worth checking things out yourself!

The amount of money you are entitled to will vary if you've worked for your employer for less than 40 weeks before the due date or if you were already pregnant when you started work. It will also vary if you are a part-timer who isn't earning enough to pay National Insurance contributions or if you are self-employed or unemployed. In these circumstances, you'll get Maternity Allowance, which is similar to the £106 rate.

The Maternity Allowance is payable if you fall into one of the following categories:

• you are employed but do not qualify for SMP (as outlined in our previous article); or
• you have recently been employed but are not working now; or
• you are self-employed.

Essentially, if you have been earning at least £30 a week on average for at least 26 weeks in the 'test' period (66 weeks before the week your baby is due), then you will be entitled to a Maternity Allowance of £100 a week.

However, who have not been earning at all during the previous 15 months will not be entitled to Maternity Allowance, and will need to look other benefits. The Department for Work and Pensions should automatically check to see if you qualify for any of these but it's worth giving them a nudge to make sure.

You can get some extra help from the Government if you're on certain benefits though. It's a one-off payment of up to £500 (called a Sure Start Maternity Grant).

Whatever situation you are in, you will find some very helpful information, on the Department of Trade and Industry's website.