There have been some changes for women whose babies were or are due to be born after the 1st April 2007 in relation to their maternity rights.

This article generally covers the statutory benefits that your employer has to offer you. Statutory being the minimum standard the government sets. Some companies may offer enhanced benefits. Always check with your HR or Personnel Department to confirm exactly what you are entitled to. There is some technical HR terms within this article, however where possible, I have attempted to simplify these terms.

The changes to legislation are as follows for all women with an expected week of confinement (EWC), this being the week that you are due to give birth:
• An extension of Statutory Maternity Pay (SMP), Maternity Allowance (MA)Statutory Adoption Pay (SAP)six months to nine months.
• Additional Maternity Leave (AML)all working mothers regardless of length of service. Previously that was a qualifying period of service for an employee before they could take additional maternity leave.
• Arrangements for employers and employees to keep in contact during the leave period.
• Optional Keeping in Touch days (KITs) to give employees the chance to go to work, to undertake training and keep in touch for up to 10 days without losing their right to maternity pay. Previously any paid time with your current employer would stop your entitlement to SMP.
• Provisions to ensure that employees give eight weeks notice if intending to return to work before the end of the maternity or adoption leave period. This was 4 weeks under the previous regulations and would still apply to those on maternity leave eho babies were born before the 1st April 2007.
• An 'any day' start date for the maternity pay period to help align the leave with the pay period. Previously, all maternity leave started on a Sunday!

The change that most people are interested in is the change to the legislation which relates to the length of maternity leave that is paid and the qualifying periods for this leave.

There are three levels of maternity leave:
Ordinary Maternity Leave (OML): Since April 2003, all pregnant employees have been entitled to OML - there is no qualifying period. The qualifying period being the length of service that you have with a company. The length of the leave is 26 weeks. The allowances payable are Statutory Maternity Pay (SMP) or Maternity Allowance (MA) and the paid period now extends into part of the additional maternity leave period.

Compulsory leave: This is a period of two weeks immediately after giving birth during which you are not permitted to work. This is part of the ordinary maternity leave period, not additional to it.

Additional Maternity Leave (AML): Begins from the end of the OML and is for a period of a further 26 weeks. For those employees with an expected week of childbirth (EWC) beginning on or after 1 April 2007 there is no qualifying period of employment for AML. Part of AML is unpaid. However, some organisations have more generous contractual terms and pay a woman during all her AML.

For those women who are entitled to the new statutory maternity period and pay of 9 months, the new entitlement consists of 6 months of OML and 3 months of AML. This can have an affect on some of your rights as detailed further on.

When Can You Take Your Maternity Leave
• The earliest that you can start your maternity leave is at the beginning of the 11th week before the baby is expected. (EWC)
• You have to provide your employer with details of the week the baby is expected and the start date of your maternity leave.
• Within 28 days you must receive a written response to this notification from your employer, stating the date you are expected to return to work. An employer will normally put this date as the end of your full maternity leave entitlement, i.e the end of your AML.

Maternity Pay
Although all employees are entitled to maternity leave, this does not mean that they are automatically entitled to receive SMP from their employer

For mothers with an EWC on or after 1 April 2007
Employees who qualify are entitled to up to 39 weeks' SMP. In order to qualify, you must:
• work for an employer who is liable (or would be liable but for low earnings) to pay the employer’s share of Class 1 National Insurance contributions
• have average weekly earnings in the eight weeks up to and including the qualifying week at or above the lower earnings limit for the payment of National Insurance contributions
• have 26 weeks' continuous service with her employer assessed at the 15th week before the week the baby is due.
• SMP s payable for 39 weeks, the first 6 weeks of which will be paid at 90% of average weekly earnings and the remainder at the lower statutory

level (currently £112.75 per week or 90% of the average weekly earnings if this is less than £112.75 per week). SMP rates are normally increased in April each year.

Women who do not qualify for SMP
Thesewomenqualify for MA: this is based on their recent employment and earnings record and is a state benefit which may be payable for 39 weeks if the EWC on or after the 1st April 2007.
To qualify, a woman must:
• be employed but not qualify for SMP, or be self-employed, or recently employed.
• have been employed or self-employed on at least 26 weeks of the 66 weeks ending with the week before the expected week of childbirth.
• earn at least a specified amount per week on average in any 13 weeks in the test period (currently £30).

Rights before, during and after maternity
In addition to maternity leave and pay, women employees who satisfy the relevant qualifying conditions are entitled to:
• reasonable paid time-off to receive ante-natal care.
• return to the job in which she was employed, or one of equivalent status, with protected right to pay and conditions and benefits – OML and AML have different qualification criteria.
• time off to attend appointments for ante-natal care at the normal rate of pay, on producing proof of the appointment.
• request a risk assessment during pregnancy.
• request alternative work where any risks to the health of the expectant mother and baby can be avoided.
• remuneration on suspension on maternity grounds, if health and safety measures cannot be complied with.
• consideration of a flexible working request which may encompass reduced hours of work, part-time working, job shares, etc.
• unpaid parental leave.
• time off for care of dependents in an emergency.
• not be subjected to a a detriment, disadvantage, unfair treatment or dismissal because of the pregnancy, maternity leave, etc.

Generally speaking, less-favourable treatment of a woman who is pregnant, for example by changing her terms of employment or dismissing her, is a form of sex discrimination and may make an employer liable for an unlimited claim for damages.

There are a number of organisations, particularly small employers that find it incredibly difficult to understand the law relating to maternity and paternity and thus can often make mistakes when interpreting it. This is not an excuse for them but at a time when everyone is fraught with emotion – new mum thrilled with her news and employer – thrilled with your news but not sure how they are going to cope without you - it is important to keep the lines of communication open.

Areas to be aware of.
• If you return to work following your OML (6 months) you are entitled to return to work in the same job with the same terms and conditions you had before your maternity leave started.
• If you return to work following your statutory leave 9 months of which 3 months is classified as AML then you are entitled to return to a similar job with terms and conditions that are no less favourable than you had before your maternity leave started.

Companies are under no obligation to enhance the benefits you receive for the 3 months of AML. For example, if your company give you full pay for the first 6 weeks and then 18 weeks at half pay – they may only pay you the statutory minimum for the remaining 15 weeks. For example, if you receive enhanced holidays as part of your terms and conditions, although you will still accrue these during your OML, you may only accrue statutory holidays during your AML. (Statutory entitlement to holidays is currently 20 days if you are full time, pro rata if you are part time)

It is very important that you speak to your HR/Personnel department to determine your rights as soon as you feel happy confirming your pregnancy to them. If you work in a job that poses health and safety risks, you may need to speak to your HR/Personnel department earlier than your 12 week milestone. As soon as your employer is aware that you are pregnant then they have further legal responsibilities towards you as detailed above.