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Maternity Leave

When you are expecting a child it should be a time of excitement. It is not a time when you want or expect to enter into disputes with your employer about your maternity leave. If this happens, what are your legal rights and options?

Maternity Leave

Your basic entitlement is to 12 months maternity leave. This is split into two periods, 26 weeks of Ordinary Maternity Leave (OML) starting up to 11 weeks before your due date, and 26 weeks of Additional Maternity Leave (AML) which starts when the OML ends.

You are also entitled to Statutory Maternity Leave, although the amount and duration will depend upon your period of service.

Risk Assessment

When you inform your employer that you are pregnant they must carry out a health and safety risk assessment. This must take into account any changes needed to your workstation or your working practices. If you are at risk in your role they must offer you an alternative role or send you home on full pay until changes can be made to ensure your workplace is safe.

Maternity Discrimination

Unfortunatley some people do suffer discrimination on the grounds of their maternity. This can indlude:

  • Refused requests for flexible working
  • Redundancy when you are selected as a result of your pregnancy
  • Failure to carry out the risk assessment
  • Being sidelined due to your pregnancy
  • Restructuring whilst you are on maternity leave

Can We Help You With A Maternity Leave Issue?

If you need help or advice with a maternity leave issue, please call us on 01634 811 118, complete our online enquiry form, or email our Employment Law specialist Chris Eastland.

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