For babies due before 1 April 2007

If you work for the employer who is paying your SMP you will lose SMP for each week in which you do some work, even if it’s only for a day or part of a day.

If you do any work whilst you are receiving MA you will lose some of your MA. The amount of MA deducted should be reasonable with regard to the amount of work you do.

For babies due on or after 1 April 2007

You may work for up to 10 days without bringing your maternity leave to an end or losing your SMP or MA. This is to enable you to keep in touch during your leave if you wish to. You can work during ordinary or additional maternity leave but you cannot work during the two weeks of compulsory maternity leave immediately after the birth (four weeks for factory workers).

The keeping-in-touch days do not have to be consecutive. They can be used for any work-related activity including training, conferences or meetings. Working for part of a day will count as one day’s work. Your employers can also make reasonable contact with you during your leave, for example, to discuss your return to work. Any work during your maternity leave must be by agreement and neither you nor your employer can insist on it. Days of work will not extend your maternity leave period. You are protected from dismissal and detriment for refusing to work during maternity leave.

The new regulations on keeping-in-touch days do not say anything about how much an employee should be paid for working, so it will be a matter for agreement between you and your employer. The minimum that you must receive for the week in which the keeping-in-touch day falls is the SMP rate you are entitled to for that week. If your employer pays you any extra contractual pay your employer is entitled to offset it against any SMP paid for that week. When agreeing your rate of pay for Keeping-in-Touch days, your employer should make sure they comply with rules on the National Minimum Wage and equal pay.

Working for another employer

If you work for another employer (employer B) before the birth you can still get SMP from the employer (employer A) who is paying your SMP. If you work after the birth for employer B and you were not working for employer B in the 15 th week before your baby was due, your SMP from employer A will stop on the Saturday before you start work. However, if you worked for employer B in the 15 th week before your baby was due, you may work for employer B without affecting your SMP from employer A.

You can do self employed or voluntary work without any loss of SMP. During unpaid maternity leave, you can work for another employer unless there is a clause in your contract limiting any other work.

If you are dismissed

If you are dismissed (including being made redundant) during pregnancy or maternity leave you must be given written reasons for the dismissal. It is automatically unfair and sex discrimination to dismiss a woman because of pregnancy, childbirth or maternity leave. This protection applies from day one of your employment. Normal unfair dismissal rules also apply once you have worked for your employer for a year.

If you are dismissed after the 15th week before your baby is due you are still entitled to SMP in full from your employer.

If you are made redundant during maternity leave you have special protection.

On maternity leave and pregnant again

The fact that you are on maternity leave does not change your rights to further periods of maternity leave and pay. You continue to be an employee during your maternity leave and have continuous service. The normal rules for qualifying for maternity leave and pay for your next baby apply, however, you may not have earned enough (or anything) in the relevant calculation period to qualify for SMP. If you do not qualify for SMP for your next baby you may be able to claim MA.

Expected changes

The government intends to increase maternity pay to 52 weeks by 2010 and to introduce Additional Paternity Leave (APL) and Additional Statutory Paternity Pay which can be taken in the second six months of the child’s life. Some of the APL could be paid if the mother has returned to work and has some of her entitlement to SMP or MA left at the time of her return.

For more information you can visit www.workingfamilies.org.uk.