Your rights as a pregnant woman in the UK
A pregnant woman in the UK has certain rights and benefits depending on her circumstances. There are two state benefits available. These are Statutory Maternity Pay (SMP) and Maternity Allowance.
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Some employers offer more generous maternity packages than those provided by law. Any Citizens' Advice Bureau or Social Security office can help you work out what you're entitled to.
Who qualifies for Statutory Maternity Pay in UK?
Provided you have been on a fixed-term contract, or employed full-time or part-time for more than six months, you will be entitled to up to 39 weeks of statutory maternity pay (SMP). In order to qualify for SMP, you need to have been employed by the same company for a minimum of 26 weeks by the time you reach the 15th week before your expected delivery date - in other words, around the 26th week of your pregnancy. Your SMP will be 90 per cent of your average weekly pay for the first six weeks, followed by the basic SMP or 90 per cent of your earnings (whichever is lower) for the remaining 33 weeks. SMP is paid to you regardless of whether you decide to return to work. The rules are explained in leaflets that you can get from your local Social Security Office, Citizen's Advice Bureau, or antenatal clinic. You can also get free prescriptions and dental treatment while you are pregnant and for 12 months after the birth, and you may be entitled to free milk and vitamins for yourself and any children under five if you're on a low income.
Who qualifies for Maternity Allowance in UK?
If you are self-employed, have changed your job, or have at times been unemployed during your pregnancy, Maternity Allowance is for you, on condition that you have been employed or self-employed for a minimum of 26 weeks during the 66 weeks ending with the week before your expected delivery date.
The weekly Maternity Allowance that you receive depends on what your average earnings have been. You are entitled to the standard rate for 39 weeks, or 90 per cent of your earnings, whichever is lower. You can start to claim Maternity Allowance from the 11th week before your baby is due, until the day after your baby's birth. Your local Social Security office or Job Centre can provide all the details and give you a claim form to fill in if you are eligible.
Paternity leave in UK
To qualify for paternity leave, an employee must: have or expect to have responsibility for the child's upbringing; be the biological father of the child or the mother's husband or partner (including same-sex partners); have worked continuously for their employer for 26 weeks ending with the 15th week before the baby is due.
Employees can choose to take either one week's or two consecutive weeks' paternity leave (not odd days). They can choose to start their leave: from the date of the child's birth; from a chosen number of days or weeks after the date of the child's birth (whether earlier or later than expected); or from a chosen date later than the first day of the week in which the baby is expected to be born. Leave can start on any day of the week on or following the child's birth but must be completed within 56 days of the actual birth of the child. If the child is born early, leave must be completed within the period from the actual date of birth up to 56 days after the first day of the expected week of birth.
During paternity leave, most employees are entitled to Statutory Paternity Pay (SPP), but some companies offer more generous packages, so ask your employer about this. Employees are entitled to return to the same job after paternity leave and can't be dismissed for taking it.
Posted 16.11.2010
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