Maternity rights

Time off for ante-natal care

Pregnant employees and qualifying agency workers (see Chapter 2) are entitled 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 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 use 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. For planned changes to the law on time off for partners to attend ante-natal appointments, see the box on page 244.

A claim can be brought in the employment tribunal to enforce these rights. A tribunal can order the employer to pay the expectant mother the outstanding pay, even if the employer’s refusal to allow time off meant she worked, and was paid, during the time when the appointment should have occurred.

This claim attracts a tribunal issue fee of £160 and a hearing fee of £230 (2013-14) — irrespective of the value of the claim. Remission may be available for some low paid workers but in many cases, the fee is likely to equal or exceed the value of the claim.

Relevant law: for employees: ERA 96 sections 56-58; for agency workers: ERA 96 sections 57ZA — 57ZD