Maternity leave lawyers

Our maternity leave solicitors are committed to promoting equality and diversity in the workplace, and we will help employees navigate this important area of employment law if they feel that they have been treated unfairly by their employer.

Our maternity leave lawyers also offer guidance such as how to manage the transition back to work and support for working parents. Moore Barlow aims to ensure that employers and employees understand their rights and obligations regarding maternity.

• If you are working and expecting a baby, your employer has to satisfy your legal rights, including your right to maternity leave and in most cases, to statutory maternity pay.
• Most employers honour these rights, but you may be facing discrimination from an employer who is failing to meet their obligations or even tries to dismiss you.
• If you think you are facing discrimination because you are pregnant, talk to us; we will work hard to take away the worry and protect your rights.

What is maternity leave?

Maternity leave is the period of time during which a woman takes time off work due to pregnancy and childbirth. This is usually a period of several months, and during this time, the employee is entitled to receive statutory maternity pay.

What are your legal rights when taking maternity leave?

When you are working and expecting a baby, you have a number of legal rights that your employer should honour:

• the right to take time off work for ante-natal care;
• the right to work in a safe environment;
• the right to claim discrimination and unfair dismissal if dismissed because of pregnancy or maternity leave;
• the right to take up to 52 weeks’ maternity leave;
• the right to return to work after you have had the baby; and
• the right, in some cases, to statutory maternity pay (SMP).

Most employers will honour these rights. However, sometimes an employer may try avoiding their obligations for your paid leave, may try to change your contract terms because you are pregnant or may even dismiss you because you are pregnant or have asked to take maternity leave.

You should also be allowed to choose when you take maternity leave; it can be up to 11 weeks before you’re due to give birth. If you’ve just given birth, you must take at least two weeks leave before going back to work or four weeks if your job is physically demanding.

You should also receive statutory maternity pay (SMP) while you take maternity leave, providing you qualify. We can tell you if you qualify for SMP and what the minimum payments should be.