Leave Maternity - Rights for Employees.

By  :  Zega Syams.

Leave Maternity

1] Rights For Employees.

By law, all pregnant employees are entitled to ordinary maternity leave of 26 weeks. Employees who worked for their employer continuously for at least 12 months are also entitled to an additional maternity leave. Employees have the right to return to work at the end of their maternity leave. If refused, or otherwise treated unfavourably, they may also have additional claims for unfair dismissal and sex discrimination.

2] Prescribed procedure

You will have to inform your employer of your pregnancy, the expected week of birth, the date on which you would like to start your maternity leave and, if you are absent from work for a pregnancy-related reason, the reason for your absence. You may start your leave before the notified date if you are absent from work for a pregnancy-related reason.

3] Maternity leave periods

By law, there are two maternity leave periods. Ordinary maternity leave. You are likely to be entitled to Statutory Maternity Pay (SMP).

Additional maternity leave. You have to give your employer at least 28 days’ notice if you want to return to work. You have the right to return to your old job or to similar job on no less favourable terms.

If you also have a right to take maternity leave under your contract, you may take advantage of only the more favourable of your rights.

4] Remedies

If your employer breaches any of your maternity rights, or otherwise treats you unfairly because you are pregnant, you are likely to have a sex discrimination claim. If you are made redundant whilst on leave, you may also have a claim for redundancy payment.

For unfair dismissal and sex discrimination, the most common remedy is compensation. Compensation for unfair dismissal is divided into a basic award and a compensatory award. If your employer breached the terms of a contractual leave policy, you may also have claim for breach of contract.

5] Complaints

You should make your complaints at the employment tribunal which is local to where you work (or worked). Sex discrimination, unfair dismissal and breach of contract claims must normally be presented within 3 months of the effective date of termination.

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