Key rights

• Time off for antenatal appointments.
• Health and safety protection while pregnant and breastfeeding.
• Up to 52 weeks' maternity leave.
• Statutory maternity pay (SMP) for up to 39 weeks.
• The right to return to the same job.
• Priority for alternative employment in redundancy cases.
• The right to request flexible working conditions on return to work.
• Protection from dismissal, detriment or discrimination by reason of pregnancy or maternity.

Law provides statutory rights in relation to pregnancy, maternity leave and on return from maternity leave - for example, time off for antenatal care, the right to maternity leave and protection from dismissal.

The SDA protects employees against less favourable treatment on the grounds of pregnancy or in relation to maternity leave. In October 2005, for the first time, law section protection against less favourable treatment by an employer, from the time the employee becomes pregnant until the end of maternity leave.

In addition, employers have specific duties under the Management of Health and Safety at Work Regulations 1999 to protect the health and safety of pregnant employees, new mothers and those who are breastfeeding.
Work and Families Act 2006.

The Work and Families Act 2006 came into force in October 2006. As a result:

• Employees are entitled to one year's statutory maternity leave (made up of ordinary maternity leave (OML)  and additional maternity leave , regardless of length of service.
• The notice required of an employee who wishes to return early from maternity leave has been extended from 28 days to eight weeks.
• Employees can work for up to ten "keeping in touch" (KIT) days during their maternity leave without bringing that leave to an end.
• Statutory maternity pay has also been extended to 39 weeks for those who qualify for it.

Basic concepts

Expected week of childbirth (EWC)

The EWC is the week, measured from Sunday to Saturday, in which childbirth is expected to occur. It will be confirmed on a certificate (MAT B1) given to the employee by her doctor or midwife. Many of the employee's rights are calculated by reference to her EWC, regardless of whether birth in fact occurs earlier or later.

Ordinary maternity leave

OML is a period of 26 weeks' leave available to all employees, regardless of length of service, who give birth and comply with the notification conditions. It applies only to "employees", whether they are full time or part-time, fixed-term or permanent, and is not available to the self-employed or those who come within the statutory definition of "worker".

Additional maternity leave

AML follows immediately after the end of OML and lasts for up to a further 26 weeks, giving a total entitlement of 52 weeks' statutory maternity leave. All employees whose expected week of childbirth (EWC) started on or after 1 April 2007, and who qualified for OML, will also qualify for AML, regardless of their length of service.

Compulsory maternity leave

All employees must take a minimum of two weeks' maternity leave starting with the day on which childbirth occurs. This is extended to four weeks for factory workers. An employer will be guilty of a criminal offence if it allows an employee to work during compulsory maternity leave.

"Childbirth" means the birth of a living child or a still birth after 24 weeks of pregnancy.