Advice from NABS
The NABS Helpline team answers questions about all sorts of issues, including counselling, divorce, maternity, paternity and parental entitlements and below are just some of the things people tend to ask. The answers here are only offered as a guideline and are not definitive, particularly because every person's situation is different.
So, call us if you'd like to discuss your individual situation with a team who understand your industry. To find out more about NABS, visit our website www.nabs.org.uk
1. when do I have to tell my employer that I'm pregnant?
You don't have to tell them immediately, unless you want to. It's likely you'll have plenty of time to think things through before you need to tell them. You do have to tell your employer no later than the end of the 15th week before the Expected Week of Confinement (EWC) which is 26 weeks into your pregnancy. Do make sure you keep your HR department informed every step of the way.
2. is there any way I can find out about my entitlements in confidence?
Yes, read on! And call the NABS Helpline. We can confirm your statutory entitlements, discuss your company's maternity policy and encourage you to keep HR in the loop when the time is right. We will also refer you to relevant websites for more detailed information.
3. how long do I have to have worked at a company to get maternity leave?
Do remember that Maternity Leave refers to time out of the office, for details of Maternity Pay see question 4.
From day one with a company you are entitled to Ordinary Maternity Leave (OML) of 26 weeks, even if you are pregnant before you join them.
If you become pregnant at any time after joining a company you are entitled to OML and a further 26 weeks, called Additional Maternity Leave (AML) - so 12 months in total.
4. how much maternity pay do I get?
If you become pregnant whilst with your existing company and are still with them during week 26 of your pregnancy (i.e. 6 months into your pregnancy), you are entitled to:
Statutory Maternity Pay (SMP) which covers the 26 weeks of Ordinary Maternity Leave as follows:
First 6 weeks - 90% of your average earnings
Next 20 weeks - £102.80 a week (or 90% of your pay, whichever is lowest)
Additional Maternity Leave is unpaid
However, some companies have an enhanced maternity pay policy and incentives for you to return or you may be able to negotiate an enhancement.
If you were pregnant BEFORE you joined the company, you are not entitled to SMP but you may be able to claim Maternity Allowance.
Call the NABS Helpline to discuss your options.
5. does it make a difference if I'm freelance/self-employed/on a temporary contract?
Yes, call the NABS Helpline to discuss your entitlements which will vary depending upon your employment status.
6. how long does my employer have to keep my job open for?
Until you return to it.
If you only take Ordinary Maternity Leave, i.e. 26 weeks, you have the right to return to exactly the same job.
If you take Ordinary Maternity Leave and Additional Maternity Leave, i.e 12 months, you have the right to return to the same job or if this is no longer practicable for the employer, to a suitable job with similar terms and conditions.
Call the NABS Helpline for more information about what exactly the same job or a similar job actually means in our industry.
7. can anyone help me to make my case for flexible working - I don't know where to start
If you wish to return part-time or on different terms you have a right to request this. There are formal procedures that you and your employer need to follow and you'll probably need help in putting a workable, realistic proposal together so call the NABS Helpline to help you prepare.
8. what happens if my company turns my request down?
If your request is turned down, call the NABS Helpline for advice about whether the reasons given by your employer are considered good business reasons. We can discuss what your options are if your request is turned down.
9. can my company make me come back fulltime?
No, your company can't make you return full time and you should not agree to return full-time unless you want to. The NABS Helpline can discuss how to negotiate with your employer if they're refusing your request for flexible working.
10. I run some global business and spend a lot of time on planes, obviously I'll have to stop this when I get very pregnant and when I've given birth - will I lose my job?
No. Your employer has a duty to assess and protect you from working conditions that put you or your baby at risk. So, they can't insist you carry on travelling. You could discuss moving onto different accounts during this time. If your employer is unable to find a suitable alternative role, they cannot dismiss you but should suspend you on full pay until the working conditions of your role do not pose a risk. So, the sooner you discuss this with your employer the more time you and they have to re-arrange things suitably for all concerned.
11. what happens if i get pregnant again while I'm still on maternity leave?
You have the same rights as before. You are still employed by your company whilst on maternity leave, so your right to OML and AML will be based on how long you've worked for your company, including the maternity leave you're still taking. For more detailed information, call the NABS Helpline.
12. If I'm not happy, what can I do about it?
If you are unhappy with the way you're employer is responding to your pregnancy or your request for flexible working, call the NABS Helpline immediately and we can run through it all with you and advise if there are further discussions you need to have with your employer or whether you should be taking legal advice. Our aim is to help you in negotiating with your employer by giving you the facts about your rights, advising you to take legal action is a last resort.
13. If it all goes well, can I return to full time hours whenever I want to?
Not unless your employer agrees. Once your part-time/flexible hours have been agreed, this becomes a new and binding contract, so any changes you'd like to make would have to be agreed with your employer.
14. Can my partner take time off to spend with me and the baby?
Yes, they can take up to 2 weeks off. This is called Paternity Leave and there are rules about how this leave is taken and your partner will need to notify their employer of when the baby is due and when they wish to take leave. For more detailed information, call the NABS Helpline.
15. I've heard about Parental Leave, what is this?
If you have worked for your employer for 12 months or more and have a child of 5 or under, you can take up to 13 weeks parental leave until the child's fifth birthday, usually unpaid. However, there are rules about how this time is taken. For further details of the rules and how you apply for Parental Leave, call the NABS Helpline.
16. I'm thinking about returning to work after a break but don't know where to start or who to contact, can you help?
Yes, call our Careers Support service for a chat or/and come in and we'll run through what you're looking for from your next job, what's going on in the industry, who to contact and how to approach them and how to update your CV. For more information on our Careers Support service, visit the NABS website www.nabs.org.uk