You should get legal advice, see Where to go for more help. My employer says I'm not eligible for maternity pay as I'm a worker rather than an employee. Do you know what the law says about time off to attend antenatal appointments? Citizens Advice is currently developing a national advice phone service. In this article, we will answer your questions about the right for expectant mothers and fathers to take time off work to attend antenatal appointments. NHS maternity care – refusals and delays due to charging, EEA and Swiss nationals and family members, Indefinite leave to remain, right of abode and British citizenship, A Toolkit for Campaigning against NHS Charges for Pregnant Migrant Women, Guidance on improving access to maternity care for women affected by charging, End unfair redundancies for pregnant women and new mothers, Responses to consultations and submissions. Do fathers-to-be get time off to attend ante-natal appointments? It is against the law for your employer to treat you unfairly, dismiss you or select you for redundancy for any reason connected with pregnancy or because you have taken time off for antenatal care or asked to take time off for your antenatal appointments. The same rights apply to employees regardless of the number of hours you work or length of service. If your weekly hours vary, your employer should work out your average hours using the 12 full weeks before the appointment. If the answers to those questions are no, this is essential reading. To check your eligibility see, To search for specialist legal advisers or solicitors in your area see:, Help and advice on discrimination and human rights, Helpline: 0808 800 0082 Mon – Fri 9am – 7pm, Sat 10am – 2pm, Equalities and Human Rights Commission (EHRC), For information and advice about discrimination law. no. Although the statutory right is to unpaid time off, if there is a union recognised where you work they may have been able to negotiate a … What happens if I am not well enough to go back to work at the end of my maternity leave? If I get it wrong, can an employee make claim? For more information, see Pregnancy Discrimination. You must also not treat the employee unfairly because they have asked or have taken time off. The law says that you are entitled to ‘reasonable’ paid time off to attend your antenatal appointments, including travelling and waiting time. Yes, fathers-to-be and partners have the right to unpaid time off to accompany the mother to up to two antenatal appointments. Some employers offer paid time off so you should check with your employer. Equip yourself with essential skills to be the best you yet. All employees, casual workers, agency workers, freelancers and contractors are protected against pregnancy/maternity discrimination law from day one of their employment. This guide is for information purposes only and should not be treated as legal advice. It is not limited to just medical appointments. You should give at least 2 weeks' written notice of the date and time of your appointments. Is my partner entitled to time off to accompany me to my antenatal appointments? Do you know what claims you could face if you get things wrong? For more information about benefits, see Money for Parents and Babies. An expectant father will be entitled to take time off work to accompany a pregnant woman to her antenatal appointments. The law says that employees are entitled to reasonable paid time off for their antenatal care. Can I work flexible hours when I return from maternity leave? Unlike the right afforded to expectant mothers, the employers have no statutory obligation to pay the accompanying partner for the time off. If you are pregnant, have given birth in the last six months or are breastfeeding, your employer must make sure that the kind of work you do and your working conditions will not put your health or your baby’s health at risk. Charity reg. Yes, you are entitled to be paid as though you were still at work, at your normal hourly rate. What should I do? If you do not qualify for SMP you can claim Maternity Allowance from the JobCentre Plus: You are strongly advised to get personal legal advice about the individual circumstances of your case. You are entitled to ‘reasonable’ paid time off for your appointments, as well as travelling and waiting time. herself to how a man might have been treated. Although the statutory right is to unpaid time off, if there is a union recognised where you work they may have been able to negotiate a right to be paid.