Maternity rights

Time off for ante-natal care

Pregnant employees and qualifying agency workers (see Chapter 2) have the right to paid time off to attend appointments for ante-natal care.

The appointment must have been made on the advice of a registered medical practitioner, midwife or nurse and except for the first appointment, the employee can be asked to provide a copy of a certificate showing she is pregnant and written proof of the appointment. Ante-natal care can include medical examinations, midwife appointments, antenatal classes, relaxation and parent craft classes.

The amount of time off must be reasonable in the circumstances and should include time off to travel there and back, waiting time and time spent attending the appointment or class. This should all be paid leave. The time off must be paid at the normal hourly rate of pay.

An employee or worker cannot be required to make up the time she has missed at some other time, or to take annual leave to cover the time off. An employer must not unreasonably refuse to allow a pregnant employee the time off.

There is currently no legal right to paid time off for fathers or partners of pregnant women to accompany them to ante-natal appointments.

A claim can be brought in the employment tribunal to enforce these rights. It must be brought within three months of the appointment. If the claim is upheld, the tribunal can order the employer to pay the expectant mother the outstanding pay. She is entitled to this pay even if the employer’s refusal to allow time off meant she worked, and was paid, during the time when the appointment would have occurred.