human resources
mum’s theword Aneta Godziszewska answers your questions onmaternity rights
Whether you’re a working therapist or a salon owner, navigating your way through the minefield of Human Resources (HR) can be a difficult task, so we’ve teamed up with MyHRAdmin to answer all your HR queries. This month, we’re covering Maternity Rights.
Q: I’ve just found out I’m pregnant, do I need to tell my employer straight away?
A: Legally you do not need to tell your employer you are pregnant and when you want your maternity leave to start until 15 weeks before your due date. It is best to put the information in writing.You will need to also give your employer the MATB1 certificate that your midwife will give you at around 24 weeks.
Though you don’t have to, it’s a good idea to tell your employer as soon as possible.You are then protected from being treated unfairly, including dismissal connected with your pregnancy, and are also entitled to time off for antenatal appointments. It doesn’t have to be public knowledge in the workplace - talk to your manager about it.Your employer should also arrange a risk assessment and remove or make alterations to your workstation or job to avoid your pregnancy being at risk.
Q:What maternity pay will I get?
A: There are two different types of maternity pay.Which you get depends on how long you’ve worked for your employer. They are both paid for 39 weeks.
You are entitled to Statutory Maternity Pay (SMP) as long as you started the job at least a week before you became pregnant and you earn over £102 a week before tax in 2011-12. (This is the lower earnings limit - it goes up slightly every April).
With Statutory Maternity Pay, you get 90 percent of your average weekly earnings for the first 6 weeks. After that, you get £128.73 per week for 33 weeks in 2011- 12 (if 90 percent of your average weekly earnings are less than this amount, you’ll continue getting 90 percent of your earnings instead).
Many employers are more generous than the legal minimum; check your contract, staff handbook or office manual.
Q: Am I eligible for SMP?
A: To qualify for SMP you must have been:
• employed by the same employer continuously for at least 26 weeks into the 15th week before the week your baby is due (the qualifying week)
• earning on average an amount which at least equals the lower earnings limit which applies on the Saturday at the end of your qualifying week
Q:What is the earliest date I can go on maternity leave?
A: The earliest that you can start your maternity leave is 11 weeks before your expected week of childbirth, which is when you are about 29 weeks pregnant. To ensure that you get all your rights, you should use the due date given on your MATB1 pregnancy certificate that your midwife or GP will give you.
Q: I gave birth to beautiful baby boy recently. I am struggling to find full information on maternity on the internet.What are my rights and where can I search for advice?
• Your trade union or professional organisation
• Your local office of the benefits agency (for maternity benefit and child benefit)
• Directgov • Inland Revenue
Basic entitlements are available to all; no matter how long you’ve been with the same employer and no matter what your hours are. All employees are entitled to paid time off for antenatal care, for example, including antenatal classes. Low income families may be able to claim the Sure Start Maternity Grant You may be entitled to maternity grants, maternity pay (or maternity allowance), maternity leave, paternity leave, parental leave or child benefit.
Pregnant women can claim free prescriptions and dental care during pregnancy and for a year afterwards. Currently, you’re also entitled to child benefit once your baby’s born.
Your midwife or doctor should give you the forms to apply for these benefits.
A:You’re entitled to a number of rights and benefits when you are pregnant. But when it comes to maternity leave and pay, your employers may be more flexible than the law actually requires, so don’t miss out on the chance to tailor your rights to your needs if you can.
Detailed sources of information include: • Your employer
• Your employer’s human resources specialist
Aneta Godziszewska is a Human Resources Partner for MyHRAdmin, an outsourced HR function with a team of HR,
legal professionals and business consultants on hand to provide a seamless HR solution for your business. For more information, telephone Aneta on 07598 124 502 or alternatively email on
aneta@myhradmin.co.uk.
120 GUILD NEWS
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