How does nhs maternity pay work

It should not be used for disciplinary or redundancy purposes or considered under absence management procedures. Check your local policies maternity and sickness and if you do not think that your absence is wholly or partly because of your pregnancy, ask your employer to reconsider their decision.

It is important that you contact us if you need support. Count back four Sundays. This is the start of the 4th week before the week your baby is due.

You may also find our Pregnancy timeline helpful. If the sickness is unrelated to your pregnancy, you will normally be able to take sick leave until you start your maternity leave as planned.

Check your local policies maternity and sickness and please contact us if you feel that you are being unfairly treated. Depression during pregnancy Women do not just experience postnatal depression, depression during pregnancy is very common. You might also need support from your Occupational Health department if you have one. If you are absent due to pregnancy related depression please see our section on pregnancy related sickness and read more about depression during pregnancy on Maternity Action.

As an RCN member you can use our counselling service for free, confidential support. Please remember to contact us if you feel that you are being unfairly treated. Postnatal depression is very common, affecting more than one in ten mothers.

Please read more about post-natal depression on the NHS. Please see our information on sickness and discrimination if you need to take time off work for postnatal depression. If you feel that you are being unfairly treated due to postnatal depression, please contact us for advice.

Remember, as an RCN member you can use our counselling service for free, confidential support through challenging times. Read more about this on Maternity Action. You should inform your employer that you are sick and let them have whatever evidence they require from you. If you fall ill whilst on unpaid additional maternity leave, you will not generally be eligible to receive any contractual sick pay.

However, if you have given the required notice that you will be returning to work before the expiry of your additional maternity leave period then you may be eligible for sick pay if you are unable to return on the due date owing to sickness. Check your local maternity policy and sickness policy and contact us if you need support.

You may need to take sick leave to deal with the side effects of fertility treatment, or take annual or unpaid leave for appointments. Managers should be sympathetic when dealing with this sensitive area.

The advanced stage of fertility treatment is between the retrieval of the ova followed by the immediate transfer of the fertilized ova. If you take sick leave during the advanced stage in your fertility treatment and are dismissed, you may be able to claim direct sex discrimination as once an embryo has been implanted you are legally pregnant, therefore protected under the Equality Act See our section below on discrimination and our section on pregnancy related sickness.

If the treatment is successful and you remain pregnant, you will be protected against discrimination on the grounds of pregnancy until the end of your maternity leave. If the treatment is unsuccessful, protection will end two weeks after the end of the pregnancy.

If a pregnancy test is taken two weeks after implantation and if the test is negative, the protected period extends for two more weeks. Check your local policies as some employers may give paid leave for fertility treatment. Read more about this and your rights at Acas. You still accrue annual leave whilst you are on maternity leave. This accrued annual leave must be taken at a time other than during your maternity leave.

You must be allowed to carry over any unused part of your statutory leave entitlement of 28 days including bank holidays. Your contract may say that you are entitled to more than the statutory entitlement, so it's important to check your local policy for carry over provisions. You must come to an arrangement with your employer as to when you take your accrued annual leave. If you cannot reach an agreement with your employer, please contact us.

Resigning during pregnancy Think very carefully before you resign if you are pregnant as this will have implications for your maternity pay. See our maternity pay section and the eligibility criteria. If you do not want to go back to work after the birth of your baby, this will not affect your right to Statutory Maternity Pay SMP or Maternity Allowance MA but it is important to check your contract for any clause which requires you to pay back any contractual maternity pay if you decide not to return.

If you are on NHS terms and conditions, a clause does exist within the NHS contract regarding repayment of contractual maternity pay. The NHS handbook states that to claim NHS contractual maternity pay, you must intend to return to work for the same or another NHS employer for a minimum period of three months after your maternity leave has ended.

The handbook is silent on any further details but it can generally be assumed that this means that you need to return on a contract of employment. Please see section 15 of the NHS terms and conditions for more information and specifically: If you are employed outside the NHS, read your contract of employment or local policy to determine when you need to return and the notice period you need to give.

If you are undecided whether to leave your employer, keep your options open and when you have made a decision, ensure you fulfil the notice requirements. If you resign or are dismissed before the date you start your maternity leave, or before you have a notified date to start your maternity leave, you lose the right to maternity leave from that employment along with any contractual maternity allowances.

This is because your contract has ended. Read more about resignations and maternity pay on Maternity Action. If a redundancy situation occurs whilst you are on maternity leave, you are entitled to priority treatment.

For example, if your employer has a suitable vacancy, they must offer it to you in preference to any other employee who is similarly affected by the redundancy situation but who is not absent on maternity leave. The vacancy must be suitable, appropriate for you to accept and must not be substantially less favourable than your previous job or original contract.

Where no vacancy exists, the employer can dismiss you on the grounds of redundancy. However, care must be taken that you are properly consulted and given correct notice. You are entitled to receive a written statement of the reasons for your dismissal without having to request it, regardless of your length of service. Once the dismissal takes effect, the maternity leave period automatically comes to an end.

If your employer offers contractual redundancy pay you may also be entitled to this. Read more about your rights to Statutory Maternity Pay during redundancy here. You are not entitled to additional protection if a redundancy situation occurs before you start your maternity leave.

Nevertheless, protection against discrimination because of pregnancy continues while you are pregnant. If you have told you are being made redundant, gather your contract and any relevant paperwork and contact us for advice. Maternity Action. Please see You should not be treated less favourably than a permanent member of staff. If your fixed term is not renewed or extended you need to consider the reasons why. If the job or work still exists, and your contract was not renewed or extended because of your pregnancy or maternity leave, this could be discriminatory.

If, as a result of your pregnancy or maternity leave, your fixed term contract is ended early, not renewed or not extended please contact us. Read more fixed term contracts. In law you are protected against pregnancy and maternity discrimination. This protection lasts from the start of your pregnancy until the end of your maternity leave period. Your employer has a duty of care to you as a pregnant worker, see our guidance on risk assessments.

During and after the protected period you are also protected against automatic unfair dismissal under the Employment Rights Act and detrimental treatment because of pregnancy, childbirth or maternity leave or pregnancy-related illness because you have given birth.

This could include depression during pregnancy and postnatal depression or conditions linked to childbirth. Check your local policies recruitment, maternity, and sickness etc. Bank or agency workers who are not entitled to maternity leave are protected for two weeks after the birth.

During and after the protected period you are also protected against automatic unfair dismissal under the Employment Rights Act and detrimental treatment because of pregnancy, pregnancy-related illness because you have given birth.

This could include postnatal depression or conditions linked to childbirth. Please check your local policies recruitment, maternity and sickness etc and please contact us for further advice if you feel that you are being unfairly treated. Read more about agency worker rights on Maternity Action. If you believe your current working pattern is negatively affecting your health, think about asking to change it.

As a pregnant worker or new mother you have a special status and your employer should be amenable to requests. Please also see our section on risks assessments. If you want to change your working pattern:. If the matter is not resolved, contact us for further advice. Flexible working can take three to four months to agree. So if you are off work for the full 12 months, you need to think about your return to work just after the 6 month point. All employees can ask their employer for flexible working arrangements to help them manage a return to work with young children.

Read more about flexible working and how to apply on our flexible working advice guide. As a new or expectant mother, you must not be required to work at night if night work could damage your health and safety, or that of your child. If you have concerns, speak to your GP and request a medical certificate stating that you cannot work at night for health and safety reasons.

Your employer should then offer you suitable alternative work. If there is no suitable alternative day-time work available, you should be suspended on maternity grounds and you should receive your full pay.

If your employer refuses to take you off night work or if there are issues with your pay, contact us for further advice. Your rights While you are breastfeeding, you and your baby have special protection under health and safety law. To make use of this protection, you must inform your employer in writing that you are breastfeeding. It is advisable to do this before you return to work, so your employer can make the necessary adjustments. While you are breastfeeding, your employer must consider whether your working conditions are a risk to your health, or the health of your baby.

If your working conditions do not support breastfeeding, this could put your baby at risk. If your GP or health visitor advises that your job is too stressful, and that even with temporary adjustments your ability to breastfeed could be put at risk, then your employer should consider a temporary transfer to alternative work.

Guidance for employers and breastfeeding mothers is available from the Health and Safety Executive England, Scotland and Wales and at nidirect Northern Ireland. This section covers risk assessments for new mothers, breastfeeding support and access to facilities: Consider what adjustments you need before returning to work. Explain the health reasons for breastfeeding, as your manager may not understand. NHS Choices information may help you. If you are concerned about your employer's ability to provide appropriate facilities, a letter from your GP or health visitor may help.

Be flexible with your requests. If additional breaks are not possible, for example, then consider using your tea and lunch breaks and taking them at different times. You should not suffer any detriment because you are breastfeeding. Under equality law this may amount to discrimination. If you are having any difficulties agreeing adjustments with your employer, please contact us for further advice. Your employer is legally obliged to provide suitable facilities for breastfeeding mothers to rest, however there is no clear guidance on what these facilities should be.

It is not suitable for you to use toilets for expressing milk. Your employer is legally required to provide somewhere for breastfeeding mothers to rest and, where necessary, this should include somewhere to lie down. A warm, clean, lockable room would be helpful for expressing milk, and a clean refrigerator and facilities for washing, sterilising and storing receptacles might assist you. It is not always possible to provide all of this, so be as reasonable as possible and work with your employer.

ACAS has produced guidance for employers looking to accommodate breastfeeding in the workplace; this should help you discuss any concerns you have with your employer. Accept additional cookies Reject additional cookies View cookies.

Hide this message. Home Benefits Benefits and financial support for families. Maternity pay and leave. Print entire guide. Brexit Check what you need to do. Explore the topic Benefits and financial support for families Holidays, time off, sick leave, maternity and paternity leave Financial help if you have children Pregnancy and birth.

Is this page useful? Maybe Yes this page is useful No this page is not useful. Find out about your employee rights when you're on maternity, adoption or parental leave. You may have decided that you're going to spend some time at home with your baby, or you may be planning to return to work, either full time or part time, fairly soon after the birth.

If you plan to go back to work, start thinking in advance about who will look after your baby. It's not always easy to make childcare arrangements, and it may take you some time. You may have a relative who's willing to look after your child. If not, contact the Family Information Service at your local authority for a list of registered childminders and nurseries in your area.

You may also want to think about organising care in your own home, either on your own or sharing with other parents. Care in your own home does not need to be registered, but make sure your carer is experienced and trained to care for babies. Make sure you know what these are and what to do if you have any problems or you're denied your rights.

Parents of children aged 16 and under, or of disabled children aged 18 and under, are entitled to request a flexible working pattern. If you're a father-to-be or the partner of someone who is pregnant — including same-sex partner — you could have the right to paternity leave. You may have the right to up to 26 weeks' Additional Paternity Leave. Shared Parental Leave is designed to give parents the flexibility to decide when to return to work and allow families to spend time together in the early stages of a child's life.

There are benefits and financial help if you're pregnant, whether you're employed or not. All prescriptions and NHS dental treatment are free while you're pregnant and for 12 months after your baby's due date. Children also get free prescriptions until they're To claim free prescriptions, ask your doctor or midwife for form FW8 and send it to your health authority.

You must have a valid exemption certificate to claim free prescriptions and dental care. You can get free milk, infant formula, vitamins, fruit and vegetables if you're receiving certain benefits or if you're under Find out more on the Healthy Start website. Child Tax Credit gives financial support for children, and Working Tax Credit helps people in lower-paid jobs by topping up their wages.

A weekly payment from your employer to help you take time off before and after your baby is born. UK: Statutory Maternity Pay. If you're pregnant or have a new baby but do not qualify for Statutory Maternity Pay, you might be able to claim Maternity Allowance through Jobcentre Plus.

If your wife, partner including same-sex partner or civil partner gives birth or adopts a child, you may be able to claim Statutory Paternity Pay to help you take time off work to support them. Find out more about Statutory Paternity Pay , including when you need to let your employer know that you're expecting. A weekly payment from your employer to help you take time off if you adopt a child. UK , including how and when to let your employer know.