Improved rights to maternity leave and pay will apply to all women
whose expected date of childbirth is on or after 6 April 2003.

• Ordinary maternity leave, available to all women regardless of how
  long they have worked for their employer, will be increasing to 26 weeks.
• Statutory maternity pay (or maternity allowance) during ordinary
  maternity leave and the length of the pay period is also increasing to 26
  weeks.
• Additional maternity leave (usually unpaid) will start immediately
  at the end of ordinary maternity leave and continue for a further 26 weeks -
  giving most mothers up to one year off in total.

From 6 April 2003, further help will also be available to working parents
with the introduction of the new right for parents of children aged under 6,
or of disabled children aged under 18, to apply to work flexibly. Their
employers will have a statutory duty to consider such requests seriously.

Further information on these changes is available at:
www.dti.gov.uk/er/review.htm

There are leaflets giving basic information on:

• Maternity leave changes (PL507 Rev 2)
• Paternity leave and pay (PL514)
• Adoptive parents' rights to leave and pay (PL515)
• Flexible working: the right to apply (PL516)

These leaflets are available online at www.dti.gov.uk/er/regs.htm
<http://www.dti.gov.uk/er/regs.htm> or can be ordered from the DTI
Publications Orderline on 0870 1502 500.

Employers have a responsibility to assess risks to the health and safety of their employees. Where they employ women of childbearing age, the employer must assess the particular risks there may be to the health and safety of new, expectant and breastfeeding mothers and their babies.
If risks which could harm new or expectant mothers, or their babies are identified, the employer must inform any women of childbearing age of the risk. The employer must also say how they intend to ensure new and expectant mothers are not exposed to risks.
If it is not possible to avoid the risk, the employer must offer the woman suitable alternative work. If there is no suitable alternative work the employer must suspend the woman for as long as the risk exists. Women on maternity suspension are entitled to receive their normal wages in full (unless they have refused an offer of suitable alternative work).

Employers and employees can get advice on health and safety matters from the Health and Safety Executive (HSE). The HSE infoline no. is 08701 545500.

All pregnant employees are entitled to 18 weeks' ordinary maternity leave, regardless of length of service.
Women who have completed one year's service with their employer are able to take additional maternity leave, which starts at the end of ordinary maternity leave and finishes 29 weeks after the birth (counting from the Sunday at the beginning of the week in which the baby was born). The one year's service must be completed at the beginning of the 11th week before the expected week of childbirth (EWC). The EWC is the week, starting Sunday, in which it is expected the baby will be born.
Contractual benefits

Women are entitled to the benefit of their normal terms and conditions of employment, except for terms relating to remuneration, throughout the 18 week ordinary maternity leave period. Remuneration, which in this context means sums owed by way of wages or salary, will not be due, unless the contract of employment provides otherwise.

However, most women will be entitled to Statutory Maternity Pay or Maternity Allowance for this period (see Statutory payments below).
During additional maternity leave, the employment contract continues and some contractual benefits and obligations remain in force, for example compensation in the event of redundancy and notice period.

Women can start maternity leave any time from the 11th week before the baby is due, provided they give the employer at least 21 days' notice before they want to start their maternity leave of:
· their pregnancy,
· the expected week of childbirth, and
· the start date of maternity leave.
The expected week of childbirth and the start date of maternity leave must be given in writing if requested by the employer.
The notice for the start of maternity leave is exactly the same whether a woman qualifies only for ordinary maternity or both ordinary maternity leave and additional maternity leave.

A woman who wants to come back to work before the end of ordinary or additional maternity leave must give her employer 21 days' notice.
No notification is required for employees intending to return to work at the end of their maternity leave.
In the case of additional maternity leave, the employer may write to a woman no earlier than 21 days before the end of the ordinary maternity leave period to confirm her child's date of birth, and ask her whether she is still intending to return to work after her additional maternity leave. The letter must explain to the employee how she works out when her additional maternity leave period will end and that she may be penalised for failing to respond to the letter. The woman must reply within 21 days of receiving the letter. If she does not, her employer may decide to take disciplinary action against her.
Compulsory maternity leave: an employer cannot allow a woman to return to work for 2 weeks immediately following the date of the childbirth (4 weeks if she works in a factory).

If a pregnant employee is dismissed for any reason connected with her pregnancy, childbirth or because she took maternity leave, she can make a complaint to an employment tribunal.
Dismissing a woman or selecting her for redundancy for reasons connected with her pregnancy is automatically unfair.
Women are also protected from unfair treatment at work in connection with pregnancy, childbirth or taking maternity leave. An employee who believes she has been treated unfairly on any of these grounds can complain to an employment tribunal.

Employees who have completed one year's service with their employer, are entitled to 13 weeks' parental leave to care for their child up to 5 years from birth or adoption. Parental leave is available to both mothers and fathers.
Women who do not qualify to take additional maternity leave may still qualify to take parental leave if they have one year's qualifying service with their employer by the time they finish their ordinary maternity leave.
All employees are also entitled to take reasonable time off work to deal with an emergency or unexpected situation involving a dependant.
Fuller details of the employment rights set out here can be found in Maternity rights: a guide for employers and employees . Employees can find out more details about Statutory Maternity Pay and Maternity Allowance from the detailed information booklet A guide to maternity benefits (NI 17A) available from the local Department for Work and Pensions Office.
Employers can get more information on SMP from the Inland Revenue Statutory Maternity Pay manual for employers (CA29) available from the employer's orderline on 0845 764 6646 or the Inland Revenue website. For additional help employers may phone the employer's helpline on 0845 714 3143.