14/ Pregnancy & Maternity Rights

You have certain statutory rights if you are pregnant.  These are addressed below.

The rules on pregnancy and maternity are very complex and any query should be raised with Reprotec UK.

ANTE-NATAL CARE

You are entitled to reasonable time off work with pay to attend ante-natal appointments made on the advice of a registered medical practitioner, registered midwife or registered health worker.  If requested, you must provide a certificate of pregnancy and an appointment card.

MATERNITY - RISK ASSESSMENT

The Management of Health and Safety at Work Regulations 1999 (MHSWR) require employers to carry out suitable and sufficient risk assessments when considering the health and safety of all employees at work, and then to take steps to ensure that those risks are avoided. However, there are more specific regulations that need to be taken into account for new or expectant mothers.  The purpose of an initial assessment is to identify:

●       the presence of any females of potential child-bearing age (these females will usually be employees but may also be visitors, contractors (e.g. cleaners) or volunteers)

●       which work activities and/or areas of the workplace may pose a risk of harm to female employees and therefore warrant a full risk assessment

These activities, and any actions taken, should be recorded.

Employers are only required to take action specifically to protect a pregnant worker when they have been advised in writing of the employee’s condition (i.e. that she is pregnant), has given birth in the last six months, or is breastfeeding.

MATERNITY - LEAVE

If you stop work no earlier than the 11th week before the EWC (expected week of confinement), and you meet the following conditions, you are entitled to 52 weeks’ maternity leave.  To comply, you must notify Reprotec UK in writing as soon as possible or by the 15th week before the EWC, unless that is not reasonably practicable, of the following:

●       that you are pregnant (preferably by submitting a MAT B1 form)

●       the EWC

●       the date on which you intend your ordinary maternity leave to start, and

●       if requested, provide medical evidence of the EWC

Reprotec UK will confirm to you in writing the date upon which your 52 week maternity leave period will end.

You are legally prohibited from working during the two weeks immediately after the birth. This is known as the ‘compulsory maternity leave period’ and is considered part of the maternity leave period.

If you give birth before your intended maternity leave start date, your maternity leave will start automatically on the day after the birth of the child.

During the 52 week maternity leave period all contractuall benefits except for your pay will be maintained as if you were not absent.

If you wish to return to work before the end of the 52 week period of maternity leave you must give at least 8 weeks’ notice of your intended date of return.

If you decide to return to work early, and this is at the end of the first 26 week period known as ’ordinary maternity leave’, you are entitled to return to the job you were in before your absence.  If you return to work either during or at the end of the second period of 26 weeks’ known as ’additional maternity leave’, you may be able to return to your original job (or another job which is suitable and appropriate).

The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.

MATERNITY - STILLBIRTH AND MISCARIAGE

If you experience a miscarriage before 24 weeks of pregnancy, you will no longer be entitled to take maternity leave. It is anticipated that an employee may need some time off work in these circumstances and this will usually be taken as sick leave, during which Reprotec UK’s sickness absence policy will apply.

If you suffer a stillbirth after 24 weeks of pregnancy, your entitlement to maternity leave and pay will not be affected and you will still be able to take the time off, and receive pay, as planned. From 6 April 2020, parental bereavement leave is also available for employees who suffer a stillbirth.

MATERNITY - KEEPING IN TOUCH DAYS

During maternity leave, you are entitled to up to 10 ‘Keeping in Touch Days’. These are days when you may work for Reprotec UK without bringing your maternity leave to an end.  Work can be any work under your contract of employment and may include any training or activity undertaken with the purpose of keeping in touch in the workplace. Working up to 10 KIT days will have no effect on any entitlement to Statutory Maternity Pay. KIT days do not act to extend your period of maternity leave.

Any payment for these days will depend on the type of work, training or activity and will be agreed between you and the Company. For further details please refer to management.

MATERNITY - HOLIDAYS DURING MATERNITY LEAVE

Holiday entitlement will be accrued throughout your maternity leave at your normal rate.

Annual leave taken before or after maternity leave is subject to the usual procedure for booking time off.

An employee returning from maternity leave should endeavour to take their accrued holiday before the end of the holiday year. Where this is not possible, the employee will be entitled to carry forward up to 28 days into the following holiday year.

STATUTORY MATERNITY PAY (SMP)

You will receive SMP during your maternity leave in accordance with the statutory provisions provided you meet the qualifying criteria.  You must therefore:

●       have been continuously employed for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth (EWC)

●       have average weekly earnings of not less than the figure set by the Government for the payment of National Insurance contributions

●       still be pregnant at the 11th week before the EWC or have given birth by that time

●       give at least 28 days' notice in writing of the date that you intend to start your maternity leave

●       provide medical evidence of the EWC.

For the first six weeks SMP is payable at the earnings related rate (equivalent to 90% of earnings), and for the remaining 33 weeks of the pay period at the statutory rate as set by the Government, (or 90% of average weekly earnings if this is less than the standard rate). The final 13 weeks of the maximum maternity leave period are unpaid.