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"I'm Pregnant".......

Written by: Carol

Article Overview: An overview of the changes to maternity legislation since April 2007

"I'm Pregnant".......

“I’m Pregnant”………

This is not the best news an employer can receive as panic tends to set in as thoughts race through your mind that the employee could be away for 12 months; perhaps she will wish to return to work part-time; how will you cope and will you need to arrange cover, etc.

The fact is that pregnancy and maternity leave are part of working life and you need to take this news in your stride and comply.

Once your employee tells you that they are pregnant you must undertake an individual risk assessment to identify any potential hazards and take steps to reduce or remove any risks. The result of this assessment could be that adjustments need to be made, ie work planning, proper breaks, ergonomics of the work area, etc. You should keep this assessment under review, and ideally undertake a further one later into the pregnancy, as circumstances will change as the pregnancy progresses. If necessary one may need to be undertaken on her return if she is breastfeeding.

• The maternity leave period is 12 months for all employees with no qualifying period. The full 12 months maternity leave is broken down into 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave
• Statutory Maternity Pay is now paid for 39 weeks and increased to £112.75
• Where employees are eligible this is 6 weeks at 90% of their basic pay and 33 weeks at the SMP rate.
• This will mean that employers will be obliged to pay pension contributions throughout the additional 13 weeks based on the employee's full pay (not the SMP rate). It is arguable at this stage that other benefits such as private health insurance and PHI might still apply
• The small employer's exemption is removed. Therefore, if you have 5 or less employees you will no longer be exempt from automatic unfair dismissal in the event that you do not allow an employee to return to the same or similar job after Additional Maternity Leave
• Women wishing to return from maternity leave must give you 8 weeks notice
• You can agree up to 10 'Keeping in Touch' days

In 2008 it is anticipated that fathers will have the option to transfer their female partner's unused maternity leave to them to take as Statutory Paternity Leave if the mother returns to work after six months and then the father will have the right to take up to six months Paternity Leave at the same rate as SMP.

We can provide you with all the required maternity documentation and advice so that you don't have to worry or face a prosecution for failure to comply with your legal obligations under health and safety and/or face a sex discrimination claim.

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Article Tags: 12 months, employee, maternity leave, pregnancy



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