Maternity provisions guidance notes

There are a number of statutory provisions concerning the treatment of employees who become pregnant, have recently given birth or who are breast-feeding. These include measures to protect health and safety, minimum statutory leave periods and protection against unfair dismissal or some other form of detriment.

The basic legal principles, including employees’ rights and management responsibilities, are outlined below.

Ante-natal care   

All pregnant employees, irrespective of length of service or other employment terms are entitled to a reasonable amount of paid time off to attend antenatal appointments during working hours (with the exception of employees in the armed forces, share fishing and the police service).

Ante-natal care will include all medical appointments to assess the health of the mother and unborn child.  Government Guidance (Maternity entitlements and responsibilities: a guide - babies due on or after 1 April 2007), suggests that antenatal care is not restricted to medical examinations but could include relaxation classes and parent-craft classes, provided that these are advised by a registered medical practitioner, registered midwife or registered health visitor.   However, this is a grey area as the legislation is unclear and the approach of tribunals has not always been consistent.   It is therefore advisable to be as accommodating as possible to prevent claims. Tribunals will judge reasonable refusal to grant leave on the merits of each individual case.