Getting your head around your rights at work can feel overwhelming, especially if this is new for you and your employer. Many smaller organisations are not fully aware of their legal obligations to support expectant parents until a member of staff becomes pregnant. While dealing with things as they come can sometimes allow for more flexibility and a more personal approach, it can also lead to uncertainty and uneven treatment.
In a nutshell, pregnant employees and expectant parents have the right to:
- Paid time off for antenatal appointments (for the pregnant employee)
- Parental leave and statutory parental pay (if eligible)
- Shared parental leave (if eligibility rules are met)
- Protection from discrimination related to pregnancy, maternity or parenthood
- A workplace risk assessment for pregnant staff
Did you know? Most smaller workplaces don’t have written policies or clear processes to support staff parenthood. Our research also found limited awareness in SMEs that statutory leave and pay are legal entitlements. Around a third of SME employers and employees believed these were not available in their organisation.
“Most of our policies don’t exist until someone asks, ‘Do you have a policy about X?’ and then they go, ‘Oh yeah, we should write one’.” (Joanna, Small business employee)
Supportive practices
Clear written policies and early conversations reduce stress for both employers and employees, help avoid legal risks, and build trust. Supporting staff through pregnancy and parenthood also helps people feel valued.
It’s helpful to:
- Put maternity, paternity, adoption and shared parental leave policies in place before staff become parents
- Encourage open, early conversations about what support might be needed
- Make information about support options easy to find
- Signpost staff to reliable external guidance on rights and entitlements
- Make sure managers know the basics of legal responsibilities
- Use external HR support if you don’t have in-house expertise.
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Supportive practices
Clear written policies and/or procedures and early conversations reduce stress for both employers and employees, avoid legal risks and build trust. Supporting staff on their journey to parenthood also helps them to feel valued. It is thus recommended to develop maternity/paternity/adoption policies before any staff members announce that they are becoming a parent. SMEs can consider using an external HR firm to help with this if they do not have internal expertise. Promoting information about support options makes it easier for employees to start a conversation about support needs as an expectant parent. It is also helpful if employers can signpost their employees to reliable sources for further information regarding legal rights (see Link to list below).
What can employees do to help? It can be helpful to signpost employers to relevant information, particularly if they have no prior experience with staff becoming parents.
“[My manager] means well and was sort of very supportive of trying to make sure it worked and they were doing the right thing, the intentions were good. [So it was then more you telling them what your rights were?] Yes, 100%! I sent them an email laying things out and telling them about statutory maternity pay as well and sending them links to that.” (Phoebe, Small business employee)
What can you do to help?
It can feel uncomfortable having to explain your rights to your employer, especially when you’re already dealing with a big life change. But in smaller organisations, managers may genuinely want to be supportive and simply not know what the legal requirements are.
“[My manager] means well and wanted to make sure they were doing the right thing. I ended up emailing them about statutory maternity pay and sending them links.” (Phoebe – Employee, 10-49 staff)
If you feel able to, it can help to:
• Start a conversation early about what you might need
• Signpost your employer to reliable information
• Share links about statutory leave and pay if this is new to them
• Ask what support options are available, even if there aren’t formal policies
Detailed information on legal rights can be found here:
ACAS – guidance on workplace rights and best practice
Gov.uk – official government information on statutory leave and pay
Citizens Advice – easy-to-understand advice on rights and benefits
Maternity Action: Know your rights – clear breakdown of maternity and parental rights
Pregnant then Screwed – campaign and support on pregnancy and work discrimination
Specific information for fathers:
Fatherhood Institute – evidence, resources and policy guidance on fathers’ involvement in work and family life
Fathers in the Workplace Toolkit (University of Birmingham) – practical toolkit for employers on supporting fathers and father-inclusive workplace practices
Specific information on Neonatal Care and Parental Bereavement Leave & Pay:
Gov.uk – Neonatal care leave and pay
