Rights for Working Parents and Carers

3. Additional Maternity Leave

3.1 Every pregnant employee is entitled to 26 weeks' additional maternity leave.

• Additional maternity leave starts at the end of ordinary maternity leave and runs out 26 weeks later.
• Women on additional maternity leave are guaranteed that certain of their normal terms and conditions will continue to apply.
• Contractual matters may be negotiated and agreed between you and the employee. However, the employee remains entitled to accrue the statutory entitlement of four weeks' paid annual leave.

3.2 After her additional maternity leave, the employee is entitled to come back to the same kind of job, or to a suitable alternative, where this is not possible.

• A suitable alternative must give her equivalent pay and conditions, be suitable for her and be appropriate in the circumstances.

3.3 If the employee is unfit to return, she will be regarded as off sick and may receive sick pay, if she qualifies.

• If the sickness absence continues and you eventually wish to dismiss the employee, you must implement your full dismissal procedure, right from the very beginning (see Dismissing employees). You must ignore the additional maternity leave and only take account of subsequent absences, or the dismissal will probably be seen as unfair and as sex discrimination.