Legal entitlements for expectant parents

Getting your head around your responsibilities towards expectant parents can feel overwhelming, especially for smaller organisations. Many employers are only made aware of their legal obligations once a member of staff becomes pregnant. While dealing with things as they arise can sometimes allow for flexibility and a more personal approach, it can also lead to inconsistency and unequal 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 found that around a third of SME employers and employees believed statutory leave and pay were not available in their organisation – even though these are legal entitlements.

“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 – Employee, 10-49 staff)

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 (you might want to use external HR support if you don’t have in-house expertise)
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
Where relevant, make sure managers know the basics of legal responsibilities

What can employees do to help? You can ask your staff to help by talking early about what they might need.

“[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 – Employee, 10-49 staff)