Editor's message: For an employment right that is so frequently invoked, the rules relating to pregnancy and maternity can be complex and misunderstood. It is therefore crucial that employers understand the respective rights and obligations that apply, so that pregnant women and new mothers in the workplace are fully supported.
In principle, the position is straightforward. Regardless of her length of service, every pregnant employee has the right to take 26 weeks' ordinary maternity leave, followed immediately by 26 weeks' additional maternity leave. However, there is significant detail that goes beyond this basic principle. For example, a woman on maternity leave who is made redundant is entitled to priority as far as suitable alternative employment is concerned.
Underlying maternity rights is the principle under the Equality Act 2010 that a woman should not be discriminated against because of the protected characteristic of pregnancy and maternity. By ensuring that these rights are understood and enforced throughout a woman’s pregnancy and subsequent maternity leave, your organisation will be providing the right support to your employee and avoiding the risk of a costly and complicated employment tribunal claim.
Laura Merrylees, employment law editor
Updated to include information on the Government's consultation on transparency in family-friendly policies, proposed neonatal leave and options for reforming parental leave and pay, and on the Government's response to its consultation on redundancy protection for pregnant women and new parents.
Employers need to do "far more" to protect the health and wellbeing of pregnant staff, with travel commitments and irregular hours among the factors creating unnecessary risk.
Large organisations should be forced to publish retention rates for new mothers returning to the workplace in order to tackle the "shocking" levels of discrimination they face, a group of MPs have urged.
Jo Broadbent, counsel knowledge lawyer at law firm Hogan Lovells, discusses the legal framework protecting pregnant employees and the health and safety considerations employers should be aware of.
A third of breastfeeding mothers returning to work are being forced to use a toilet to express milk because of a lack of suitable facilities in their workplace, a survey has found.
Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018, on this document.
Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
HR and legal information and guidance relating to pregnant workers and new mothers.