If you are currently expecting a happy event, then congratulations, but are you sure that you know your entitlement with regard to maternity leave and benefit? Over the past few years there have been quite a few changes to the law on maternity rights which may well affect you.

You are entitled to 26 weeks ordinary maternity leave if you are pregnant, no matter how long you have been with your employer. You are also entitled to a further 26 weeks additional maternity leave provided you have been with your employer for 26 weeks by the beginning of the 14th week before the due date.

If you intend to take maternity leave, you have to notify your employer by the end of the 15th week before the baby is due. You must tell your employer that you are pregnant, the week the baby is expected to be born and when you would like your maternity leave to start. You can usually change the date when you want your maternity to start provided you give 28 days notice advance.

Your employer must respond within 28 days of receiving your notice, and is obliged to tell you the date on which you are expected to return to work. You can return to work sooner provided you give your employer at least 28 days notice of the new return date, and your employer has no right to object.

You are entitled to Statutory Maternity Pay if you have been working for your employer continuously for 26 weeks or more by the 15th week before your baby is due. This will be paid for 26 weeks, the first 6 weeks at 90% of your average weekly earnings and the rest at a flat rate which is currently £106.00 per month. Any additional maternity leave will usually be unpaid. If you do not qualify for Statutory Maternity Pay you may qualify for Maternity Allowance.

On returning from ordinary maternity leave, you are entitled to go back to the same job. If you took the longer additional maternity leave you can return to the job that you had before you left or, where that is not reasonably practical, to another suitable job. It is automatically unfair to dismiss any employee because they are pregnant, taking maternity leave or have recently given birth.

When you return to work, you also have a right to request flexible working and your employer must give this proper consideration.

At the moment most fathers are entitled to 2 weeks paternity leave. This is paid at the same rate as the flat rate for maternity pay, but there are changes planned next year regarding rules about both maternity and paternity leave. The Government is proposing extending pay to 9 months and giving fathers the right to up to 26 weeks additional paternity pay if the mother returns to work earlier than her own entitlement. These are only ideas at the moment, but watch this space and we’ll let you know when things do change.

If you would like advice about any of the issues raised in this article or any other employment law matters, contact Robin Francis of Motley & Hope Solicitors, The Manor House, Shortmead Street, Biggleswade. You can telephone Robin on 01767 600600 or e-mail robinfrancis@motleyandhope.co.uk.