TAKE CARE OF THE MOTHERS
Page 51
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by Les Oldridge,...TEng (CEO, MIMI, AMIRTE
ALL employers should make a note of the maternity, rights contained in the Employment Protection Act 1975.
Not only is a woman absent from work wholly or partly because of pregnancy or confinement entitled to maternity pay, but also to return to work after the birth of her child, so long as:
E She continues, in employment until the beginning of the 11th week before the expected week of the confinement;
At the beginning of the 11th week she has been in continuous employment with her employer for not less than two years; and
E She informs her employer (in writing if he requests) at least three weeks before her absence begins, or if this is not practicable, as soon as she can, that she is going to be absent because of pregnancy and that she intends to return to work.
She has the right to return to work at any time up to 29 weeks after the week of her confinement provided she has complied with the requirements listed above and that she gives one week's notice of her intention to return to work. On returning to work she is entitled to the job she had on her original contract of employment or on terms and conditions no less favourable than her original contract. For the purposes of seniority and pension rights she is to be treated as if her employment had not been broken.
The job may have to be kept open for as long as 38 weeks (11 weeks before the confinement and 29 weeks after). If a replacement is engaged it must be carefully emphasised to her that the job is a temporary one and that her contract will terminate when the pregnant absentee returns to work.
If it is impossible for a woman to return to her old job then she must return to a job of a similar nature. If no such job exists because of redundancy, and a suitable vacancy exists with an associated employer, she must be offered such vacancy on terms no less favourable than those she would have had if she had returned to her original job.
A woman must not be dismissed because she is pregnant — an employee whose employer refuses to reinstate her can get an order for reinstatement or compensation from an industrial tribunal. If her job has becor redundant during her absen she will be entitled to redundan pay.
A pregnant employee must paid maternity pay for not mc than six weeks sommencing the 11th week before her co finement. The pay must be eqL to 9 /10ths of a week's pay le any amount of meterni allowance she is entitled recieve under the Social Securi Act.
An employer can postpone woman's return to work for up four weeks provided he tells h why. Eventually an employer A be able to reclaim the amount maternity pay he pays out from Maternity Pay Fund. This fur will be financed by employe paying a small addition to !social security contributions.