Statutory Protection Periods & Maternity Leave
Under UK statutory maternity provisions (principally governed by the Maternity and Parental Leave etc. Regulations 1999 and the Employment Rights Act 1996):
- Statutory Maternity Leave (SML): Eligible employees are entitled to up to 52 weeks of statutory maternity leave, comprising 26 weeks of Ordinary Maternity Leave (OML) followed immediately by 26 weeks of Additional Maternity Leave (AML).
- Pre-natal period: The earliest an employee can voluntarily commence statutory maternity leave is 11 weeks before the expected week of childbirth (EWC). However, leave is triggered automatically if the employee is absent from work for a pregnancy-related illness during the four weeks leading up to the EWC.
- Compulsory Maternity Leave: Following childbirth, there is an absolute statutory prohibition on employment (Compulsory Maternity Leave) of at least two weeks immediately following the date of delivery (extended to four weeks for factory workers). An employer who permits an employee to work during this compulsory period commits a statutory offence.
Working Time & Health Protections
Pregnant and breastfeeding employees are protected by tailored statutory working time rules under the Working Time Regulations 1998 and the Management of Health and Safety at Work Regulations 1999:
- Where an employee works night shifts and presents a medical certificate from a registered medical practitioner or midwife stating that night work could damage her health or safety (or that of her child), the employer must transfer her to suitable day work or suspend her on full pay.
- Pregnant employees have a statutory right under Section 55 of the Employment Rights Act 1996 to paid time off during working hours to attend ante-natal care appointments (including relaxation or parentcraft classes advised by a registered medical practitioner, midwife, or health visitor).
- Time tracking and scheduling systems must accommodate reasonable rest breaks, ergonomic adjustments, and suitable facilities for resting and expressing milk.
Workplace Risk Assessment
Under Regulations 16 to 18 of the Management of Health and Safety at Work Regulations 1999 (MHSWR), employers are legally required to carry out a specific workplace risk assessment where women of childbearing age or pregnant/breastfeeding employees work, assessing physical, biological, or chemical hazards and working conditions.
Upon receiving written notification of pregnancy, childbirth within the previous six months, or breastfeeding, if a significant risk is identified that cannot be avoided by reasonable preventative measures, the employer must observe the following statutory hierarchy:
- Adjust working conditions: Temporarily adjust the employee's working conditions and/or working hours to remove the risk.
- Alternative work: Offer suitable alternative employment on terms and conditions that are not substantially less favourable than her normal role (Section 67 ERA 1996).
- Paid medical suspension: If no suitable alternative role is available or reasonable, suspend the employee on full normal pay under Section 64–68 of the Employment Rights Act 1996 for as long as necessary to protect her health and safety.
Remuneration & Maternity Pay
- Statutory Maternity Pay (SMP): Qualifying employees (with at least 26 weeks of continuous service by the 15th week before the EWC and earning above the Lower Earnings Limit) are entitled to up to 39 weeks of SMP under the Social Security Contributions and Benefits Act 1992:
- First 6 weeks: Paid at 90% of the employee's average weekly earnings (AWE), with no statutory cap.
- Remaining 33 weeks: Paid at the statutory standard rate or 90% of AWE (whichever is lower).
- Maternity Allowance (MA): Employees who do not qualify for SMP (such as recent joiners or self-employed individuals) may claim Maternity Allowance directly from the Department for Work and Pensions (DWP).
- Employer HMRC Recovery: Employers can recover 92% of statutory SMP payments from HMRC through payroll deductions (or 103% if the business qualifies for Small Employers' Relief).
- Medical Suspension Pay: During a formal health and safety suspension, the employee is legally entitled to 100% of her normal remuneration and benefits.
Annual Leave Accrual & Terms of Employment
Under UK employment law and the Working Time Regulations 1998, statutory maternity leave is legally deemed as continuous service:
- Annual Leave Accrual: Employees continue to accrue all statutory annual leave (5.6 weeks under Regulations 13 & 13A WTR 1998) and any contractual holiday entitlement throughout the entire 52-week maternity leave period.
- Maintenance of Terms: All contractual terms and conditions (except normal remuneration), including pension contributions, company car benefits, insurance, and seniority rights, continue to apply throughout Ordinary and Additional Maternity Leave.
- Protection Against Detriment & Dismissal: Under Section 99 ERA 1996 and Section 18 of the Equality Act 2010, any dismissal or unfavourable treatment connected to pregnancy, childbirth, or maternity leave constitutes unlawful pregnancy and maternity discrimination and automatic unfair dismissal.
- Updated on