Rights for Working Parents and Carers

1. Rights of Expectant and New Mothers

Every female employee that is either pregnant or a new mother has a number of rights including:

1.1 The right not to be dismissed because of pregnancy, maternity leave or childbirth.

1.2 The right to return to work.

• You must consider any request to return to work part time. If it is not possible, you need to explain why, with business or economic reasons.
• Refusal to offer a part-time option may amount to indirect sex discrimination, as family responsibilities can make it harder for women to work full time than men. It may also fall foul of flexible working regulations (see The law and flexible working).
• There are few jobs that really cannot be done on a part-time or job-share basis, including senior management roles.
• Refusal to allow a woman to return to work after maternity or parental leave will be automatically unfair.

1.3 The right to paid time off for ante-natal care and training, including clinic visits and relaxation and parentcraft classes.

• You can ask to see an appointment card or similar evidence.

1.4 The right to all her normal terms and conditions of employment, except wages or salary, while on ordinary maternity leave - though not while on additional maternity leave (see 3).

1.5 The right to be offered suitable alternative work, or normal pay for not working, if she has to be suspended because of health and safety considerations.

• If your health and safety assessment shows risks which might affect a pregnant woman or her baby, and they cannot be removed, you must take action to ensure your employee is not exposed to them. You must carry out this risk assessment if you employ any women of childbearing age, whether they are pregnant or not. See Health and safety risk assessment.