Your rights as a mother

As more and more women build careers, maternity rights have increasingly come under the spotlight. So what are you entitled to and how will your colleagues react to your happy news?

Your maternity rights

Any woman who is an employee has a legal right to 26 weeks 'ordinary' maternity leave. If you have worked under contract for your employer for 26 weeks by the 15th week before your child is due then this will be subject to Statutory Maternity Pay of 90% of normal pay for six weeks followed by 20 weeks at £100 per week.

All female employees are also entitled to paid time off for antenatal care, which can include relaxation and parent-craft classes if recommended by your medical adviser. Employers must allow a further 26 weeks unpaid 'additional' maternity leave where requested.

Employers must also provide health and safety protection, including a risk assessment when pregnant and on return to work, plus facilities for breast-feeding mothers if required. Crucially, the law provides protection against discrimination or dismissal for any reason related to pregnancy or taking maternity leave.

You can choose to take the leave starting any time from 11 weeks before your expected week of childbirth and the actual week your child is due. It's hardly likely that you would want to rush back but the law states that you must take two weeks 'compulsory maternity leave' after the birth. If your baby is born before the date you planned to start your leave, then your maternity leave starts on the day of birth. If you have a pregnancy-related illness in the last four weeks of your pregnancy, your employer can start your maternity leave then. If it is only a short absence then the employer can agree to let you start it when you had planned. However this might have an impact on Statutory Maternity Pay.

Maternity rights also apply to a woman who experiences a still birth after at least 24 weeks of pregnancy.

The government announced in 2005 that it plans to enhance maternity rights. It proposes to extend paid maternity leave to nine months by 2007 and 12 months by 2010. Alternatively, fathers will be able to take up to six months of their partner's leave and maternity pay - they can currently take two weeks of paternity leave worth £102.80 a week.

Notice to employer

Maternity laws are not one-sided. They are designed to establish professional and fair circumstances for employer and employee. You are required by law to notify your employer that you are pregnant no later than 15 weeks before your expected due date. Despite this, most employees choose to tell employers earlier than this and some may not be able to hide the fact that they are expecting. You are also required to advise your employer of your due date and when you would like your maternity leave to start.

The employer can request this to be in writing, or on a standard form, and can ask for a copy of the doctor's or midwife's notice that you are pregnant. The employer must write to you setting out the date they expect you to return, within 28 days of this.

You must also give 28 days notice if you change your mind about the date, or as much notice as reasonably practicable and give 28 days notice of when you want to return, if you do not plan to take your full maternity leave entitlement. The government plans to increase this period to two or three months by the year 2007 to help businesses plan ahead.

Protection against discrimination

It is unlawful for an employer to subject an employee to unfair treatment at work, to dismiss an employee, or select her for redundancy in preference to other comparable employees because she is pregnant, has given birth, has taken or sought any ordinary or additional maternity leave, does not return to work at the end of her leave in circumstances where her employer gives her insufficient or no notice of when it should end; or has been suspended from work for health and safety reasons connected with her maternity.

This protection applies regardless of the employee's length of service. The right not to suffer detrimental treatment at work starts as soon as a woman has told her employer that she is pregnant - another good reason to do this sooner rather than later - and lasts up to the end of her ordinary or additional maternity leave. Women who believe they have been unfairly treated at work for these reasons may seek redress through an employment tribunal.

Returning to work

You must return to work at the end of the maternity leave to which you are entitled, unless you have agreed with your employer to take annual leave or parental leave. If you are sick then you must follow your employer's sickness procedures.

You have the right to return to the same job after ordinary maternity leave, and after additional maternity leave the right to return to the same job unless that is not reasonably practicable in which case to a suitable similar job. If a redundancy situation arises during your maternity leave you must be given first refusal of a suitable alternative job where one is available.

Child care

Recent years have seen major changes to childcare provision in the UK.

Parents of children under six years of age, and parents of disabled children under 18, have the legal right to request more flexible working arrangements. The government proposes to extend this right to the 4.5 million parents with children under 17 and to carers, by 2007. Parents of children under the age of five are eligible for parental leave. Each parent can take 13 weeks leave per child, to be taken before the child's fifth birthday. A maximum of 4 weeks leave per year can be taken in respect of any individual child. Parental leave must be taken in blocks of a week or more and be negotiated with the employer.

Parents on low incomes are entitled to help with child care costs through tax credits and from April 2005, all employer-supported childcare, not just childcare in work-based nurseries will qualify for National Insurance (NI) and income tax relief, but this will be capped at £50 a week - well below the typical cost of £128 for a nursery place.

The Daycare Trust has a childcare hotline which provides free information and advice for parents - Call 020 7840 3350 Monday - Friday 10am to 5pm.