You would need evidence that the reason for the dismissal or unfair treatment was because of your pregnancy. Englewood, which is 95 percent black, is slowly becoming a maternity-care desert, with two other nearby hospitals closing their maternity wards within the past year. [Note: this will include suspension on full pay, pregnancy-related sickness absence and if you have been put on furlough as a result of your pregnancy. If I’m off work on Statutory Sick Pay (SSP), does that count towards the 26 weeks of employment for qualifying for Maternity Allowance? During the coronavirus pandemic Maternity Voices Partnerships have shifted their focus to support maternity services in: decision making around temporary service reconfiguration, and; communicating those changes to women, birthing people and their families. Your employer can refuse KIT days if they are unable to offer you any work and you are entitled to refuse to work during your maternity leave if you don’t want to. CNN's Arwa Damon goes inside an Istanbul maternity ward where the mothers are also being treated for Covid-19. 6. 5. You can still qualify for SMP if you are employed up to all or part of your qualifying week – this is the 15th week before your expected week of childbirth. a model letter for writing to your agency to ask for health and safety protection on our website here. If you have worked in the same placement for at least 12 weeks, you have the same protection as employees to be offered suitable alternative work by your agency. The earliest you can start maternity leave and pay is 11 weeks before your baby is due. 7. 2. You must be able to confirm to HMRC that your business has been affected by coronavirus. For the next 33 weeks your SMP must be paid at the statutory (legal) rate of £151.20 per week 2020/21. 1. 11. Your employer cannot insist that you come into work if you have been advised to self-isolate. If you have a fixed annual salary (not variable hours) the HMRC Direction on furlough pay says: ‘The reference salary of a fixed rate employee is the amount payable to the employee in the latest salary period ending on or before 19 March 2020 (but disregarding anything which is not regular salary or wages …’. If the employer (hirer) has ended your contract because of health and safety reasons, your agency must offer you suitable alternative work or suspend you on full pay until the date that your placement would have ended. I have an employed job and self-employed work. 6478568 If your employer is asking for a MATB1 maternity certificate before making health and safety adjustments. Meetings can be by telephone or online in current circumstances. If your employer has gone into liquidation, you can claim your SMP directly from HMRC. When is the earliest I can be paid Maternity Allowance? If you have left work temporarily because of a serious and imminent risk to your health from a health and safety breach. You should telephone the HMRC Employees Helpline on 0300 200 3500 or the HMRC Statutory Payments Disputes team on 0300 0560 630/0300 322 9422. Coronavirus (Covid-19) and rights at work during pregnancy by Katie Wood, Senior Legal Officer, Maternity Action Government guidanceannounced yesterday, 16thMarch 2020, advised that all pregnant women should take social distancing measures such as working from home, avoiding public transport and social gatherings wherever possible: My employer is now offering me furlough. They have now started paying my SMP at 80% of the normal rate. Providing you remain registered as self-employed you can voluntarily pay the required 13 weeks of Class 2 National Insurance contributions in order to qualify for full rate Maternity Allowance, see the next question. If you decide to cancel your annual leave and return to work, an amendment to the Working Time Regulations states that if you are unable to take your annual leave because of the coronavirus pandemic you can now carry forward up to 20 days’ untaken annual leave until April 2022. See the next question for how to take action. Do I have to use my annual leave? suspending you on full pay (if there is no suitable alternative work). If you are not able to take annual leave because of coronavirus, an amendment to the Working Time Regulations states that you can now carry forward up to 20 days’ untaken annual leave up to April 2022. Your employer must keep their risk assessment under review, taking account of the clinical guidance from the RCOG, and take action to manage the increased risk from Covid-19 for pregnant women: ’Employers have a responsibility to protect the health and safety of pregnant women who are working. You will need to ensure you claim Universal Credit during the monthly assessment period in which your income is reduced during a Parental Leave period. If you make a request for flexible work your employer has a duty to seriously consider your request and must give you a decision within three months. This protection comes from the Management of Health and Safety at Work Regulations 1999, reg. My employer has been paying me Statutory Sick Pay but I’m worried this will affect my Statutory Maternity Pay. This responsibility is laid out in the Management of Health and Safety at Work Regulations 1999. If you are advised to self-isolate by Public Health England, a health professional or NHS 111 you are deemed to be incapable of work and you would be eligible for Statutory Sick Pay or any contractual sick pay that your employer provides. I am an agency worker. Can I pay them in advance? Government guidance on furlough is available here: https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme. Your employer can still offer KIT days during the pandemic if they have work for you to do or it would be helpful for you to have phone meetings with colleagues. This change will ensure that if you are currently on furlough and your baby is due any time from July 2020, your maternity pay will not be affected by your lower furlough pay. Benefits for pregnant women and parents-to-be, Redundancy during pregnancy and maternity leave, Health and safety during pregnancy and on return to work, Sickness during pregnancy, maternity leave and on return to work, [This section was last updated 10 December 2020.]. weeks 18 to 26 of your pregnancy) or during a period of self-isolation, you can ask to take annual leave. Your employer may be able to claim help with the cost of your wages while you are suspended under the furlough scheme. One of many legal, ethical, and patient safety issues raised by the COVID-19 pandemic across the National Health Service (NHS) is that expectant mothers are considering freebirthing more after home births are cancelled. For more information on redundancy see Redundancy during pregnancy and maternity leave. check to see if you will be eligible to receive maternity allowance. When is the latest I can claim Maternity Allowance? At the present time, office workers who can work from home should do so. Can I still get Maternity Allowance? If you are unable to resolve it by talking to your employer, you can write (or email) your employer setting out your concerns. no. The Health and Safety Executive advises that employers must allow a reasonable amount of time for employees to obtain proof of pregnancy and that you should not delay taking action while waiting for it. Please check back and follow us on Twitter and on Facebook @MaternityAction. Eligibility for Universal Credit depends on your total family income, number of dependants and housing costs. Maternity Action[s Legal Working Group consists of leading practitioners specialising in pregnancy, maternity and sex discrimination law from the public, private, voluntary and trade union sectors. If you are unemployed or you cease trading, your MA will automatically start from 11 weeks before your expected week of childbirth or the date that you become unemployed if that is later. Local authorities can reduce your council tax in cases of financial hardship, loss of work or if you’re unable to work in the late stages of pregnancy or after childbirth. If your colleagues have been furloughed because of the pandemic, your employer must not treat you unfairly because of your pregnancy and must provide you with furlough and/or health and safety protection. As this is a difficult and fast-moving situation, it’s important to give your employer as much information as possible, including the information above on where your employer can get advice. It does not have to be 26 weeks in a row and you do not need to be currently employed to apply. 8. Your employer must also assess risks of infection from Covid-19 and take into account the fact that pregnant women are classed as vulnerable under the Health Protection (Coronavirus, Restrictions) Regulations 2020 and that RCOG guidance says that pregnant women are at higher risk from 28 weeks of pregnancy. guidance for employers on the Health and Safety Executive’s website here. It may be maternity discrimination if you are treated unfavourably because of your maternity leave, for example, if you are made redundant or are asked to take unpaid leave. If you are not being offered your old job back, see our information sheet. In all other circumstances it is up to you to decide when you want to start your leave. 2. If you have been sent home and not been paid your normal wages you can make a claim for unlawful deduction of wages. It’s a good idea to do it as soon as possible in order to avoid delays in processing your MA claim. If you stop trading and become unemployed (rather than self-employed), you will not be able to claim Maternity Allowance unless you have already been registered as self-employed for at least 26 weeks in the 66 weeks before your baby is due. English schools could face legal action if they plan to shut early for Christmas Coronavirus | Dec 12, 2020 Record-breaking school raises enough to pay for hospice nurse The current COVID-19 pandemic places maternity staff at risk of engaging in clinical practice that may be in direct contravention with evidence; professional recommendations; or, more profoundly, deeply held ethical or moral beliefs and values, as services attempt to control the risk of cross-infection. If you’re not able to qualify for SMP you can claim Maternity Allowance (MA) instead: https://www.gov.uk/government/publications/maternity-allowance-claim-form. Am I entitled to continue working my normal hours or to be placed on furlough? 3. 80% of the same month’s wages from the previous year (up to a maximum of £2,500 a month), 80% of the average monthly wages for the tax year 2019 to 2020 (up to a maximum of £2,500 a month), family related statutory leave, including maternity and parental leave, reduced rate paid leave following a period of statutory sick pay related leave, reduced rate paid leave following a period of family related statutory leave, unable to work because they are clinically extremely vulnerable, or at the highest risk of severe illness from coronavirus and following, unable to work because they have caring responsibilities resulting from coronavirus (COVID-19), including employees that need to look after children. Claims for those on variable hours/pay, returning from statutory leave should be calculated using the higher of either: Government guidance says when working out your average pay if you have variable hours, employers should not count any calendar days where the employee was on a period of: This also applies to claims before 30th October 2020. Most staff will be working reduced hours under the flexible furlough scheme but I have been told I cannot return, is that right? If your employer is not responding, you can contact the HMRC Employees Helpline on 0300 200 3500 or the HMRC Statutory Payments Disputes team on 0300 0560 630 or 0300 322 9422 if your employer is refusing to pay your SMP or has gone out of business and can no longer pay it. You can find more information on Maternity Allowance for self-employed women here. 8. Ockenden review of maternity services at Shrewsbury and Telford Hospital NHS Trust Ref: ISBN 978-1-5286-2304-9 , HC 1081 2020-21 PDF , 873KB , 48 pages Order a copy So if your maternity leave ends before 19 March and you have returned on part-time hours, your furlough pay will be based on your new part-time salary on 19 March. You will also need to give them your MATB1 maternity certificate which you can get once you’re 20 weeks pregnant. Your employer cannot ask you to take sick leave, unpaid leave or to start your maternity leave before the 36th week of pregnancy because there are health and safety risks at work. Posted on March 17, 2020 by Carla Montemayor. 1. There has been no additional maternity leave or pay provided. If it’s not possible for your employer to offer you safe work, you are entitled to be offered suitable alternative work that complies with Government guidance on social distancing for pregnant women. We use cookies to ensure that we give you the best experience on our website. If you can do your job from home and other employees are working at home, your employer must take steps to ensure that you can work from home as well when your maternity leave ends. Furlough –note you can only be placed on furlough for the first time if have been furloughed for at least three weeks before 30 th June or you are returning from maternity leave. You will be able to claim Maternity Allowance but you must send in payslips with your highest earnings, not weeks in which you were paid Statutory Sick Pay. ACAS will contact your employer to try to help you resolve it. Your employer must also take into account Government guidance from 2nd December 2020 which says that all employees who can work from home should do so. If you take all your leave in advance and then leave your job your employer can ask you to repay. Your employer cannot use any other period for calculating your average earnings. If you are starting your maternity leave on or after 25th April 2020, your employer must use your normal earnings when working out your SMP, not your furlough pay. It is important to write to your employer to make sure that you get your rights. Will this affect my Statutory Maternity Pay (SMP)? From 1st September 2020, employers were able to claim up to 70% of your wage costs for time on furlough up to a maximum of £2187.50 pcm. You can also find more information on health and safety protection during pregnancy here. Your agency should calculate your furlough pay according to the options in question 9. The risk assessment may need to be reviewed at this point in order to consider what action needs to be taken to protect my health and safety at work in the last trimester: Take reasonable action to remove the risks by altering working conditions or hours of work, Provide suitable alternative work, without loss of pay, or. During the insolvency process, if you are made redundant you will be able to get statutory maternity pay from HMRC as long as you meet the following qualifying conditions: You can find a maternity pay calculator here: https://www.gov.uk/maternity-paternity-calculator. If you are dismissed or treated unfairly you may have a claim for unfair dismissal (if you have two years’ service), automatic unfair dismissal or detrimental treatment (from day one of employment) and/or sex/pregnancy discrimination. If your employer refuses to let you return to work at the end of your maternity leave it may be an unfair dismissal (if you have two years’ service), automatic unfair dismissal because of your maternity leave and/or maternity discrimination (which are day one rights). Or, I am asking to work from home in accordance with Government guidance on social distancing. If there is not enough work for you to do because of Covid-19, your employer can provide you with furlough under the furlough extension from 1st November. 3. Some employers provide paid Parental Leave so you should check your contract. Can I claim Universal Credit while I am getting Statutory Sick Pay, Statutory Maternity Pay or Maternity Allowance? You can find the claim form here: https://www.gov.uk/government/publications/maternity-allowance-claim-form. It may be pregnancy discrimination if your employer has failed to assess the risks in pregnancy and make reasonable adjustments. Our FAQs contain updated advice on employment rights during pregnancy and maternity leave, maternity pay and allowance , health and safety adjustments and many other topics. 4. I am on furlough pay of 80% of my normal earnings. You can also ask your employer if you can do KIT days from home but you cannot insist on KIT days. You should note that if you are suspended your employer can trigger your maternity leave/pay from week 36 of your pregnancy. Will I be able to ask for any extra maternity leave because of the coronavirus pandemic? Any weeks in which you are on SSP will still count as weeks of employment. In order to be furloughed from 1st November 2020, you will need to have been on your employer’s payroll on or before 30th October 2020. Yes, if you meet the qualifying conditions for SMP your employer must pay it through the payroll in the normal way. information from the Health and Safety Executive on health and safety during pregnancy here. Media enquiries: 07727 929683 10. I receive Working Tax Credit but I have been put on furlough – will this affect my tax credit claim? You are eligible for Statutory Sick Pay (SSP) if you are an employee or worker and your employer pays you directly and deducts tax and National Insurance from your salary. 3. Our Maternity Rights Advice Line is currently very busy but we will update our website regularly with specific information on your rights during pregnancy and maternity leave during the epidemic. Ask for a meeting to discuss it – this can be by phone or webchat. You can claim Maternity Allowance within three months of the start of your Maternity Allowance pay period: If you apply for MA more than three months from the start of your maternity leave (as above) your MA will only be backdated for three months so you may lose some of your maternity pay. If you continue to use this site we will assume that you are happy with it. If your employer (the person you are doing the work for) is not able to make reasonable adjustments to protect your health and safety and you cannot do the job from home, the employer can end your placement. If you have booked to take annual leave before your maternity leave, you can continue to take your annual leave and you must be paid in full as annual leave is a statutory (legal) right. Since the start of the pandemic pregnant women have been recognised as being at higher risk of serious illness from Covid-19 and are classed as clinically vulnerable under the Health Protection (Coronavirus, Restrictions) Regulations 2020. If you are going to be made redundant and you want to receive ShPP, you should book the rest of the ShPP period before your employment ends. My employer has put other staff on furlough and is paying them 80% of normal pay. Entitlement to Statutory Maternity Pay is based on your average weekly earnings in the 8 weeks or 2 months before the 15th week before your baby is due, this is when you are about 18 to 26 weeks pregnant. Maintain and protect maternal health systems Furlough is special leave introduced by the Government to enable employers to retain staff who are unable to work during the pandemic. NHS maternity care – refusals and delays due to charging, EEA and Swiss nationals and family members, Indefinite leave to remain, right of abode and British citizenship, A Toolkit for Campaigning against NHS Charges for Pregnant Migrant Women, Guidance on improving access to maternity care for women affected by charging, End unfair redundancies for pregnant women and new mothers, Responses to consultations and submissions. If you want to challenge the deduction of Maternity Allowance from your Universal Credit award, you can ask for a mandatory reconsideration and use the template letter on the Child Poverty Action Group website here: https://cpag.org.uk/welfare-rights/resources/test-case/maternity-allowance-and-universal-credit. weeks 18 to 26 of your pregnancy). If you want to return to work part-time or ask for other changes to your days, hours or place of work after maternity leave you can make a request for flexible work and your employer should consider it in the normal way. Your employer can put you onto furlough before your maternity leave and pay starts. This may protect you against dismissal or unfair treatment if you are unable to work for childcare reasons: you have been employed by the same employer for at least 26 weeks by the end of the 15th week before your expected week of childbirth. This would enable you to claim the costs of 80% of my salary up to the start of my maternity leave (four weeks before my expected week of childbirth) while I am suspended for health and safety reasons. Can I be dismissed for refusing to come into work during the pandemic? Yes, if you are currently receiving Maternity Allowance or you are going to be claiming Maternity Allowance it will not affect your eligibility for help under the scheme providing you meet the eligibility conditions in the next question. This is a fast-changing situation and we will add and update information in the coming weeks. Dear [employer’s name]                                                                                 [date]. https://maternityaction.org.uk/advice/shared-parental-leave-and-pay/. This is our information sheet on maternity pay: https://maternityaction.org.uk/advice/maternity-pay-questions/, To work out the 15th week before your baby is due, find the Sunday before your baby is due (or your due date if it’s a Sunday) and count back 15 weeks. If some staff are on furlough because there is not enough work to do, your employer must consider whether you can return to your normal job after maternity leave or whether to offer furlough. You have the right to return to exactly the same job after maternity leave. 2. 6. This period is when you are approximately 18 to 26 weeks pregnant. If you have other employment during your 66 week test period you can also include those weeks of employment to help qualify for Maternity Allowance. The regulations also do not require your employer to pay for KIT days that are cancelled but if you have incurred any expenses you can ask your employer for reimbursement. We have produced a model letter that you can use to write to your employer to set out your health and safety rights during pregnancy here. If your employer is temporarily asking employees to work from home, this will apply to you as well once your maternity leave has ended. 8. Media enquiries: 07727 929683 For more information on how to resolve disputes at work, see this. If early conciliation is not successful, ACAS will issue a certificate. [December 2020 version], Second Floor, 3-4 Wells Terrace, London N4 3JU, To get free advice please click here If you are self-employed, see the FAQs on maternity pay and benefits for self-employed women. You can find more information on maternity pay here. (Maternity and Parental Leave regulations 1999, regulation 11(5)). Maternity Allowance can only be backdated for up to three months so don’t delay sending your claim in. Firstly, regardless of whether you have been on furlough or you are working and have agreed to a pay cut, SMP must always be paid at the rate of 90% of your average earnings for the first 6 weeks, then £151.20 per week (or 90% of your earnings are lower). You are eligible if you are not able to work and you have paid enough Class 2 National Insurance contributions (if you’re self-employed) in the last 2 to 3 years. If these are not available then use other records, such as rotas or work diaries. ], Latest Government guidance on health and safety during the pandemic. What help can I get after October 2020 if my self-employment has been affected by the pandemic? Maternity Action has written to the Government to ask them to address some of the gaps in protection for pregnant women and new parents under the Self-employed Income Support Scheme. Maternity Allowance is £151.20 pw or 90% of your average earnings if they are lower and it is paid for up to 39 weeks. However, if you are taking annual leave during furlough your employer must pay you full pay as you have a statutory (legal) right to a minimum of 28 days’ paid annual leave each year. If your employer is not replying to your calls/emails, let them know that you will now need to contact HMRC to get your SMP. Pregnancy and coronavirus If you're pregnant, you may be unsure how coronavirus (COVID-19) could affect you, your baby and your pregnancy care. FAQs: Covid-19 – rights and benefits during pregnancy and maternity leave [This page was last updated 10 December 2020.] [This section was last updated on 10 December 2020.]. If the employee has been employed (or engaged by an employment business) for a full twelve months prior to the claim, you can claim for the higher of either: These calculations must not include periods of statutory leave or pay. It is normally up to you to decide when you want to start your maternity leave. This includes risks of exposure to the coronavirus Covid-19 as there is a higher risk of exposure in my work than outside the workplace. I am writing to ask for urgent health and safety protection at work during my pregnancy. That is the start of the 15th week before your baby is due. Can I ask my employer if I can work from home? Employers should identify the hours the employee worked using pay records, time sheets and other records which show time worked. 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