Autumn 2011 - Mandy Mazliah

Your rights
Parenthood: do you know your rights?
If the answer’s no, you’re not
alone. So let us negotiate
the minefield for you…
When you’re standing at the entrance
to this brave new world called
Parenthood, a world that contains
previously unused nouns such as
maternity and paternity and where
baby is no longer just a cute little
bundle to cuddle, but also a massive
financial cost, it’s okay to feel scared.
It is indeed a daunting place to
be standing. Some questions that
occurred to me were: ‘What will
happen with my job?’ ‘What leave
and assistance am I entitled to?’
‘What about my partner, can he take
time off work to help me?’
We receive a plethora of useful
information from our midwives,
doctors, NCT classes and the NHS.
This is how many expectant parents
find out about Child Benefit and
Child Trust Funds*. However, there
is also a (legislated) place for your
employer(s) to support your family
through the antenatal and postnatal
periods, and well beyond those first,
wonderful 12 months.
Pregnancy
Antenatal leave
All pregnant employees are
entitled to reasonable paid leave
for antenatal care. Employers are
not obliged to provide the same for
expectant fathers, although many
employers chose to provide such
leave or flexitime.
Sure Start Maternity Grant
(SSMG) may be payable if you (or
your partner) receive prescribed
social benefits or if you are either
expecting a baby within 11 weeks
or are receiving a benefit for a
dependent expecting a child within 11
weeks.
SSMG is a lump sum payment equal
to £500 and is not taxable.
Around the due date - to 1 year
Mum
Statutory Maternity Leave (SML)
This is available to everyone and
may be taken for up to 52 weeks (26
weeks ordinary maternity leave and
26 weeks additional maternity leave).
SML may commence from the 11th
week before the week of the due
date and at least two weeks must be
taken after the birth. The employer
may request that you start your
SML from the fourth week before
the week of your due date if you are
having to take time off work due to
the pregnancy. You are still entitled to
SML if your baby is still born at any
stage after 24 weeks, or at any time
during the pregnancy if your baby is
born alive.
Statutory Maternity Pay (SMP) is
financed by the employer and is a
taxable benefit. SMP is payable for a
continuous period of up to 39 weeks,
starting as early as the 11th week
before the week of the due date and
from the day following the birth at the
latest. Qualifying conditions apply,
such as having 26 weeks’ continuous
service before week 25 of the
pregnancy and a minimum amount of
average weekly earnings (£102 in the
current tax year).
SMP is equal to 90% of “average
earnings” for the first six weeks,
then, the lesser of 90% of “average
earnings” or £128.73 for the
remaining 33 weeks.
Maternity Allowance (MA) may
be available if you are not eligible
to receive SMP and if you satisfy
qualifying conditions, such as having
at least 26 weeks’ service in the 66
weeks up to and including the week
of the due date. MA is payable for a
continuous period of up to 39 weeks,
starting as early as the 11th week
preceding the week of the due date
and from the day following the birth
at the latest.
MA is equal to the lesser of 90% of
average earnings or £128.73 per
week and is not taxable.
Returning to work
During SML you may work up to
10 Keeping In Touch (KIT) days
without losing any SMP. KIT days are
designed to reacquaint the employee
with their work and can be used to
gradually return to full time work; KIT
days are paid at a rate at least equal
to the minimum wage (although many
employers would pay pro rata salary).
You have the right to return to the
same job with the same terms and
conditions of employment after
ordinary maternity leave. After
additional maternity leave the same
rules apply unless the employer
demonstrates it is not reasonably
practical, in which case you must
be offered a suitable job with terms
and conditions that are no less
favourable.
Dad
Statutory Paternity Leave (SPL)
This may be available where you
take leave to support the mother
or carer of the child; you must fulfil
the same qualifying conditions as
for SPP (below), excluding the
average earnings requirement. SPL
may be taken for one week or two
consecutive weeks in the period from
the child’s birth until the eighth week
after birth. Additional SPL may be
20 Newsletter Winter
* Child Trust Funds were abolished in early 2011; a ‘replacement’ child savings vehicle, the “Junior ISA”
is due to be launched in November 2011.