Maternity and parental rights are set out in the Employment Rights Act 1996 and there is protection from pregnancy and maternity discrimination under the Sex Discrimination Act. In summary, employees’ rights are as follows:

• Protection from unfavourable treatment related to pregnancy, including pregnancy-related sickness; for example if a woman is off sick with pregnancy-related sickness she cannot be disadvantaged irrespective of the length of her absence or how other employees would be treated;
• Reasonable paid time off for ante-natal care;
• Health & safety protection, including risk assessment and suspension on full pay if it is not safe for the woman to work and it is not possible to alter her working conditions or find her suitable alternative work during her pregnancy;

• Maternity leave (of 52 weeks) with statutory maternity pay for qualifying employees of 90% of pay for six weeks and a flat rate of around £120 per week for the following 33 weeks;
• Maintenance of contractual terms during maternity leave and the right to receive the employer's pension contributions during paid leave;
• Right to return to the same job after OML and Additional Maternity Leave (AML).  If it is not reasonably practicable to return to the same job after AML the employer may provide a suitable alternative.  However, if the reason the woman cannot return to the same job is related to her absence on maternity leave, for example her responsibilities have been reallocated, this would be unlawful sex discrimination;
• Adoption leave (of 52 weeks) for employees with 26 weeks' service, with statutory adoption pay for qualifying employees of a flat rate of around £120 per week for 39 weeks;
• Paternity leave of up to two weeks, at a flat rate of around £120 per week, for qualifying employees with 26 weeks' service;
• Unpaid parental leave of 13 weeks for employees with one year's service, to care for children under five (18 weeks for parents with disabled children);
• Reasonable unpaid time off to care for dependants - in an emergency;
• Protection from dismissal or other detriment for reasons related to taking or requesting these rights; dismissal may be sex discrimination and automatically unfair dismissal;
• Right to request flexible working under the flexible working procedure.  Refusal to allow flexible working may be indirect sex discrimination.
  

For more information see the 'Pregnancy and maternity' section of the Equality and Human Rights Commission website which was written by former Leigh Day consultant Joanna Wade, and partner Camilla Palmer.