Employment law for pregnant women

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Employment law for pregnant women

All women by law have a 26 week maternity leave no matter how many hours or days you work. It is most commonly referred to as ordinary maternity leave because that is how much time most women take. There are certain situations that allow for an extended amount of maternity leave and that is called additional maternity leave. With ordinary maternity leave you have the right to take two weeks or to take the full 26 weeks.

The 26 weeks off for maternity leave include time before and time after the birth. Proof of pregnancy must be submitted to the employer no later than the end of the 15Th week before your due date. The employer than has 28 days to confirm with you the fact that your job will still be available when you return. If for some reason your job needs to be filled right away or in the time you are gone the company must guarantee you a position that is suitable for you. Maternity leave can start any time after the beginning of the 11Th week or the day after the birth.

The woman does not have to inform the employer of the day they are coming back while they are on leave unless they wish to come back early. In that case no less that 28 days notice must be given to the employer. If they are not notified that you wish to come back early the employer may postpone your return for 28 days or until your 26 weeks are up whichever is longer. By law any woman taking maternity leave cannot go back to work until at least 2 weeks after they have given birth.

Additional maternity leave may be available in certain situations. If the woman has worked continuously for the employer for at least 26 weeks since the beginning of their 14Th week before childbirth they are able to receive additional maternity leave. There are other situations that call for additional leave including sickness of either the mother or child but that is usually at the discretion of the employer unless you have a confirmed statement from a doctor stating you cannot work in which you are entitled to at least four extra weeks.. Additional maternity leave may begin anytime after the 11Th week before the expected date or may begin immediately following the ordinary 26 weeks.

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