WO toolkit 2012 complete.pdf - GMB

SECTION 5.18
GROUP THREE
MATERNITY&PARENTAL RIGHTS
18. Can I take maternity leave?
All women employees are entitled to 52 weeks maternity leave whatever their length of service or the
number of hours worked.Maternity leave is divided into two parts Ordinary Maternity Leave(OML),
which covers the first 26 weeks,and Additional Maternity Leave(AML)which covers the remaining
26 weeks.Your rights are different during the two periods of leave.
Your leave can start at any time after the 11th week before the expected week of childbirth.It is up to
you to decide when you start your maternity leave,so long as the start date is after the 11th week
before your due date.The latest maternity leave can start is the date your baby is born.You count your
26 weeks from the date you start your leave.To take maternity leave you should:
• Notify your employer(a)that you are pregnant(b)the expected week of childbirth and(c)the date
on which you intend leave to start,before the end of the 15th week before your due date.Your
employer can ask you to put this information in writing.
• You can amend the intended start date of your leave with at least 28 days notice where reasonably
practicable.
• Your employer must inform you in writing of your leave period and expected week of return within
28 days of your providing notice.Your employer should assume you will take AML and give you a
return date that is 52 weeks from the date you intend to start maternity leave.
• If no earlier than fourteen weeks before the expected week of childbirth,your employer asks,you
must supply a medical certificate(Mat B1)stating the expected week of childbirth.If you do not
intend to return,but still qualify for the pay,the Mat B1 need not be given until after what would
have been the end of the 3rd week of OML.You can get the Mat B1 from your midwife after the 20th
week of pregnancy.
You need not give notice of return to work from OML or AML,unless you wish to return earlier than your
full leave entitlement.In that case,you have to give eight weeks notice of the revised date of your
return.If you do not give eight weeks notice,your employer can postpone your return until eight weeks
notice has passed.
OML includes two weeks Compulsory Maternity Leave(CML)after childbirth(four weeks if you work in a
factory).CML means you cannot do any work or even be contacted about work though your employer
can contact you,for example,to offer congratulations etc.
There are two instances where maternity leave is automatically triggered
• where your baby is born before you are due to start leave and
• where you are absent from work for a pregnancy related reason(e.g.pregnancy related sickness or
a possibly a health and safety suspension)after the fourth week before the expected week of
childbirth.
If either of these occurs,the notice provisions are adjusted.You must,nevertheless,tell the employer
as soon as you can.
Where agreed between the employee and employer,an employee can carry out up to 10 days work for
her employer during her statutory maternity leave period without bringing her maternity leave to an
end.These will be known as“keeping-in-touch days”.The keeping-in-touch days do not have to be
consecutive.They can be used for any work-related activity including training,conferences or
meetings.The regulations do not say anything about how much an employee should be paid for
working,so it will be a matter for agreement between you and your employer.The minimum that you
must receive for the week in which the keeping-in-touch day falls is the SMP rate you are entitled to for
that week.If your employer pays you any extra contractual pay your employer is entitled to offset it
against any SMP paid for that week.When agreeing your rate of pay for keeping-in-touch days,your
employer should make sure they comply with rules on the National Minimum Wage and equal pay.