Pregnant employees have four main legal rights:
- paid time off for antenatal care
- maternity leave
- maternity pay or maternity allowance
- protection against unfair treatment, discrimination or dismissal
‘Antenatal care’ does not just mean your antenatal appointments. It can include antenatal classes or any other type of parenting classes or workshops if your midwife or doctor has recommended you attend. Time off for antenatal care should be granted by your employer and paid at your normal working rate. The father or partner of the pregnant person also has the right to unpaid time off work to attend two antenatal appointments.
It is also important to note that your employer cannot change your current contract terms and conditions without agreement from you. If they do, they are in breach of contract.
What is statutory maternity pay? (SMP)
If you’re pregnant and working, you will be able to claim for maternity pay while you’re on maternity leave. Most employees, agency workers, and casual workers are entitled to some maternity pay.
Statutory maternity pay (SMP) usually starts when you begin your maternity leave and is paid for up to 39 weeks. You get:
- 90% of your average weekly earnings (before tax) for the first 6 weeks
- £172.48 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks
SMP is paid in the same way as your wages (monthly or weekly). Tax and National Insurance will be deducted at source. You can use the maternity pay calculator to work out how much you could get.
- If you decide to take Shared Parental Leave you will get Statutory Shared Parental Pay (ShPP)
- ShPP is £172.48 a week or 90% of your average weekly earnings, whichever is lower
Calculating your SMP can be confusing and challenging. It is important to ask your employer to explain your SMP to you. If you need further advice or you feel your SMP is incorrect you can contact the Statutory Payment Disputes Team or Citizens Advice Maternity pay – what you’re entitled to – Citizens Advice
What is a MAT B1 form?
A MAT B1 form, sometimes called the Maternity Certificate, is a form from the government that provides medical proof of pregnancy and the baby’s due date. It is completed by your midwife or doctor and given to you after 20 weeks of pregnancy. The completed form allows you to claim your statutory maternity pay (SMP).
Additional MA1 form – Maternity allowance
You will have to apply for a different type of maternity pay called a ‘maternity allowance’ if your current working status is any of the below:
- you’re employed but you can’t get statutory maternity pay
- you’re self-employed and paying Class 2 National Insurance contributions
- you’re self-employed and have a Certificate of Small Earnings Exception
- you’ve recently stopped working
You can check your eligibility for maternity allowance here:
Another form will need to be completed alongside the MAT B1 form called a MA1 form, which again is proof of your pregnancy and current working status and earnings.
Health and safety for pregnant employees
You do not legally need to tell your employer you are pregnant until at least 15 weeks before the beginning of the week the baby is due. However, telling your employer you are pregnant as soon as you feel comfortable to do so enables them to identify possible risks in the workplace to both you and your baby.
Possible risks could be caused by:
- heavy lifting or carrying
- standing or sitting for long periods without adequate breaks
- exposure to toxic substances
- working long hours
- potentially dangerous situations you may be involved in where you could bethinking of emergency services
Where there are possible risks, it is your employer’s responsibility to take steps to remove them, which could mean offering a different type of work or adapting working hours. For full details about the regulations see the Health and Safety Executive website.
If you believe you are at risk in the workplace but your employer disagrees or is unsupportive, you should talk to your health and safety or trade union representative. If your employer still refuses to make any changes, talk to your doctor or contact the Health and Safety Executive.
If you feel that you are being discriminated against because you are pregnant there is support available and you should not feel you are alone. Pregnancy and maternity discrimination is against the law and should not be tolerated.
Read the ACAS guide on pregnancy and maternity discrimination for more information and how to seek advice and support.