Employment rights - having a baby

Maternity leave and pay

If you are pregnant are and in work, you are entitled to maternity leave and may also qualify for Statutory Maternity Pay.

Maternity leave - You are entitled to 52 weeks of maternity leave.

Statutory Maternity Pay
Statutory Maternity Pay is the basic pay your employer must pay you if:

• you have been employed by the same employer without a break for at least 26 weeks, up to the end of the 15th week before the expected week of childbirth
• you have earned an average of at least £95 a week for those 26 weeks (before tax).
• For the first 6 weeks of maternity leave, you will get 90% of your average weekly earnings. For the remaining weeks (up to another 33 weeks) you will get: either
  • a standard rate of £123.06 a week (this amount may change in April 2010), or
  • 90% of your average weekly earnings, whichever amount is lower.

To claim Statutory Maternity Pay, you must tell your employer at least 28 days before you intend to start your maternity leave. If you don’t qualify for Statutory Maternity Pay, you may qualify for Maternity Allowance. You may also qualify for Incapacity Benefit if you have not returned to work for health reasons.

Paternity leave

Anyone whose partner is about to give birth or has just given birth could qualify for paternity leave, including partners in same-sex relationships. Paternity leave is normally two weeks of paid time off work around the time of your child’s birth.

If you are a permanent employee and your partner has just given birth, you probably have the right to apply for paternity leave. You don’t have to live with the other parent, but you will have to be fully involved in the child’s upbringing. Paternity leave is designed to give you time off work to support the mother or care for the baby.

To find out about your paternity leave entitlement, check with your employer or read your job contract.

Living apart from the other parent means agreeing who will have day-to-day care of your child. If you are in work, you may need to talk to your employer about changing your working hours or taking some leave.