FOOL SCHOOL
Maternity Rights

November 12, 2003

By Jane Mack (TMFJane)

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, hands-on partners, relatives or nannies.

It costs a huge amount to raise a child -- and that's not counting the emotional cost. Just think of all the tantrums when they hit the Terrible Twos (from both of you!), and the worries you'll have when they go to school for the first time, start getting bullied or failing their exams, or hanging round with unsuitable friends. And have I mentioned the overdrafts that they'll expect you to pay off for them when they go to college or university? And then they'll marry the wrong person and have kids themselves and -- Yikes -- it starts all over again!

You sure you really want to go for this? Okay then -- let's start by having a look at how you can get through the first year of this lifelong trauma without losing too much money, your rights to your job and your will to live. We are, of course, talking about your 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"!). The following numbers apply for the year April 2003-April 2004.

First of all, ALL female employees are entitled to 26 weeks maternity leave regardless of how long they have worked for their employer. 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.

New 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 £100 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, if you have one, or with the Department of Social Services if you don't. In the case of the former, 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! One woman I know was told she was only entitled to the statutory pay outlined above and decided she could only afford to take the first six weeks off when she got 90% of her salary. Eighteen further weeks on the basic flat rate was out of the question. It fell to the lowly secretary to tell her it was her company's policy to pay 100% of her salary for the full 26 weeks!

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, the DSS will pay a statutory maternity allowance, which is similar to the £100 rate. More on that here. Whatever situation you are in, you will find some very helpful information, including the recent changes, on the Department of Trade and Industry's website.