Anyone got concrete explanation on maternity rights if only just starting a new job?

katdmcdougal

Hello! Firstly, I have looked at the .gov website and citizens advice and whilst I have an overall understanding of the employment rights - can anyone confirm for me please? 
I have been offered a new permanent role with a great company after being made redundant a few months ago and I am currently 23 weeks pregnant. 
So, whilst legally I did not have to tell potential new employers this fact I did tell their internal recruitment team as I felt it was the right thing to do (and if interviews were being held in person my latest one surely couldnt have hidden the fact anyways!). Recruitment agreed and thanked me for being upfront with them and it did not influence the decision and ive got a great offer on the table. 
The only thing the recruitment side did not know was whether the job would remain 'held' for me for when I returned from maternity leave. There's no maternity pay involved (which I knew i wouldnt qualify for so id factored that in) but a bit worried that once I went off to have my baby, they dont keep my role open? I thought legally they have to offer me the same job within the first 26 weeks of maternity leave, and then a suitable alternative if later and up to 52 weeks of leave? I intend to return to work 7-8 months in but could potentially return in that 26 weeks if required. Is there some sort of qualifying period you NEED to have worked for an employer for to get these rights? 

KP20

Hello, firstly, congratulations on your pregnancy and new job. It's wonderful to see that your new employer is not openly discriminating against you - the bare legal minimum, but we all know that it happens far too often anyway.

Looking at the Working Families website, it specifically states that there is now minimum working time to be eligible to Statutory Maternity Leave (which is separate from SMP), but includes the 26/52 week OML and AML references.

https://workingfamilies.org.uk/articles/maternity-leave-for-employees/ 

In case the link doesn't work, here is a small excerpt from the page.

What is Maternity Leave? How long is it? How do you qualify for it?

How long is maternity leave?

All employees are entitled to 52 weeks maternity leave, regardless of length of service or the number of hours worked. Your maternity leave is divided into 26 weeks Ordinary Maternity leave (OML) and 26 weeks Additional Maternity Leave (AML).  Your employment contract continues while you are on maternity leave and you can continue to benefit from some of your rights under your contract.  You have the right to return to your job after your maternity leave.

All the best!

katdmcdougal

Thank you - although I think this still covers what I read previously and not clear enough on the rights for keeping a role open. For example I already know I do not qualify for statutory maternity pay (but do for maternity allowance) as I will not have worked for this employer for enough weeks. But what I cannot find out is whether that runs true for other rights - such as keeping the job open over a period of maternity leave? 

And yes, I am very pleased to hear the new employer has been fair in their decision, I think my logic was if they did not or were open to any form of discrimination, I would not have wanted to work for them anyways!

KP20

Because it's Statutory Maternity Leave, I read it as being that the same job needs to be open for 26 weeks and a similar one for 52 weeks.

Savvy_Sue

Certainly 'the same job' only needs to be kept open for the 26 weeks of Ordinary ML, and if you choose to take some Additional ML then they have to try to keep it open but if not, then try to offer you a similar job. 

However, in the OP's position - where a new employer is acting reasonably - I would ask them to CHECK whether or not 'the same job' will be kept open. That then gives them the chance to check the legal position, which they really need to know, and to confirm whether they would aim to keep it open for more than 26 weeks if you take AML.