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Maternity Leave

Volume 976: debated on Friday 21 December 1979

The text on this page has been created from Hansard archive content, it may contain typographical errors.

asked the Secretary of State for Employment if he will publish in the Official Reporta table comparing the maternity leave, including the right to return to work, and maternity pay provisions of the United Kingdom with other Member Countries of the EEC.

[pursuant to his reply, 15 November 1979, c. 616]: The table below shows, from the latest available information, the provisions relating to maternity leave, including the right to return to work and maternity pay in the EEC countries.It is, however, hazardous to make simple comparisons between levels of benefit in different countries because account must be taken of differences in wage levels, standards of living, taxation treatment and other social conditions, such as benefits available in the social security systems as a whole. The com-

UNITED KINGDOM
Qualifying period for right to maternity leaveAnte natal leavePost natal leaveQualifying conditions for cash benefits
Must have been employed by the employer for at least 104 weeks immediately before the beginning of eleventh week before expected week of confinement if she works 16 hours or more a week or for at least 5 years if she works less than 16 hours a week but not less than 8 hours.11 weeks…29 weeks…Maternity pay—as for maternity leave.
Maternity grant
(a)At least 26 paid contributions if insured before 6 April 1975 or contributions paid in any one tax year amounting to at least 25 times the minimum weekly contribution for that year, and
(b) Contributions paid or credited in the appropriate tax year amounting to 25 times the minimum weekly contribution for that year.
Women who are entitled to maternity allowance automatically qualify for maternity grant.
Maternity allowance
(a) At least 26 paid contributions if insured before 6 April 1975 or contributions must have been paid in any tax year amounting to at least 25 times the minimum weekly contribution for that year.
(b) Contributions must have been paid or credited in the appropriate tax year amounting to at least 50 times the minimum weekly contribution for that year.
Earnings-related supplement
Employed earners' contributions must have been paid in relevant tax year amounting to more than 50 times the minimum weekly contribution for that year.
Cash benefits to employeeQualifying conditions for reinstatementReinstatement periodAlternative re-engagement conditions
Maternity payAs for right to maternity pay and must inform employer 21 days before absence that she intends to return and advise employer 7 days before date of intended return.Up to 29 weeks after confinement.Reinstatement period may be extended by four weeks by employer or (if sick) by employee.
For first six weeks of absence 90 per cent, of weekly wage less flat rate maternity allowance (£15·75 per week).
Maternity grant (£25).
Maternity allowance
For 11 weeks before and 7 weeks after birth, flat rate maternity allowance payable if contribution conditions are satisfied and earnings related supplement payable in third week and weekly thereafter if entitlement satisfied.
BELGIUM
Qualifying period for right to maternity leaveAnte natal leavePost natal leaveQualifying conditions for cash benefits
None6 weeks8 weeksMaternity grant
Insured with family allowance fund.
Maternity allowance
6 months' contributions.

parative table should therefore be treated with caution.

Cash benefits to employee

Qualifying conditions for reinstatement

Reinstatement period

Alternative re-engagement conditions

Maternity grant

None8 weeks after confinement.
First child—£311·75.
Second child—£215·02.
Subsequent children—£115·66.

Maternity allowance

Manual worker—1 week full pay from employer. Maternity allowance for 13 weeks at 79·5 per cent, of earnings.
Non-manual workers—1 month full pay—Maternity allowance for 10 weeks at 79·5 per cent. of earnings.

DENMARK

Qualifying period for right to maternity leave

Ante natal leave

Post natal leave

Qualifying conditions for cash benefits

NoneNo explicit rights.No explicit rights.

Maternity allowance

(All employed women.) Annual earnings of at least 8,260 Kroner (£795·76) or earnings at this rate in 6 of the last 12 months and in the last 4 weeks before absence.

Cash benefits to employee

Qualifying conditions for reinstatement

Reinstatement period

Alternative re-engagement conditions

Manual workers—8 weeks before and 6 weeks after birth—90 per cent, of average weekly earnings.None6 weeks after confinement (still to be contested in the courts).
Non-manual workers—minimum of 50 per cent, of normal salary from employer for up to 5 months.

Germany

Qualifying period for right to maternity leave

Ante natal leave

Post natal leave

Qualifying conditions for cash benefits

None6 weeks8 weeks

Maternity allowance

12 weeks' insurance between the tenth and the fourth month preceding confinement.

Maternity grant

All insured women.

Cash benefits to employee

Qualifying conditions for reinstatement

Reinstatement period

Alternative re-engagement conditions

Maternity allowance

Must advise employer at least 4 weeks before leave begins of her intention to continue working.8 weeks after confinement.
For period of leave average net pay over 13 weeks prior to maternity leave.

Maternity grant

£26·92.

Ireland

Qualifying period for right to maternity leave

Ante natal leave

Post natal leave

Qualifying conditions for cash benefits

NoneNo explicit rightsNo explicit rights

Maternity grant

The grant is paid on either the mother's own insurance or her husband's, if both are insured two grants may be payable.
At least 26 contributions paid since entry into insurance; and
At least 26 contributions paid or credited in the contribution year preceding the benefit year in which the confinement takes place or in a subsequent complete contribution year before the date of confinement.

Maternity allowance

26 contributions paid since entry into insurance; and
At least 26 contributions paid or credited in the last complete contribution year preceding the benefit year in which the allowance is due to begin, or in a subsequent complete contribution year, if any, before the allowance is due to begin.

Pay-related supplement

Claimant must have entitlement to flat-rate maternity allowance and earnings of more than £14 a week.

Cash benefits to employee

Qualifying conditions for reinstatement

Reinstatement period

Alternative re-engagement conditions

Maternity grant

None6 weeks after confinement
Lump sum—£8·00.
Triplets—£100·00.*
Quads—£150·00*

Maternity allowance

£14·35 per week and pay related supplement for 12 weeks.
Total benefits may not exceed full pay.

ITALY

Qualifying period for right to maternity leave

Ante natal leave

Post natal leave

Qualifying conditions for cash benefits

None8 weeks12 weeks

Maternity allowance

National Sickness Insurance Institute (membership of).

Cash benefits to employee

Qualifying conditions for reinstatement

Reinstatement period

Alternative re-engagement conditions

During period of leave—80 per cent, of normal pay.None12 weeks after confinementWorker may exercise option to take further leave for any 6 month period up to child's first birthday.
Employer must keep her job open for her.
Benefits during optional leave period amount to 30 per cent, of normal pay

* No contribution conditions to be satisfied for these payments.

Luxembourg

Qualifying period for right to maternity leave

Ante natal leave

Post natal leave

Qualifying conditions for cash benefits

None8 weeks8 weeksMaternity grant
For first instalment: mother must have been resident during the whole year before birth of the child; 6 medical examinations are necessary.
For second instalment: one parent must have been resident during the whole year before the birth of the child; one medical examination of the mother necessary.
For third instalment: 6 medical examinations of the child until 2 years old.

Maternity allowance

Insurance for 6 months in the year preceding confinement.

Cash benefits to employee

Qualifying conditions for reinstatement

Reinstatement period

Alternative re-engagement conditions

Maternity grant

None8 weeks after confinement. May be reinstated in "similar" job.
First instalment—£176·21.
Second instalment—£176·21.
Third instalment—£176·21.

Maternity allowance

For period of leave—social security benefit amounting to average earnings over 3 months prior to confinement

NETHERLANDS

Qualifying period for right to maternity leave

Ante natal leave

Post natal leave

Qualifying conditions for cash benefits

None6 weeks6 weeks

Maternity allowance

All insured women. No entitlement to benefit if pregnancy started before the beginning of insurance or if confinement takes place within the six months after this.

Cash benefits to employee

Qualifying conditions for reinstatement

Reinstatement period

Alternative re-engagement conditions

Normal payNone6 weeks after confinement, Leave following confinement may be extended if it is—"medically necessary".

FRANCE

Qualifying period for right to maternity leave

Ante natal leave

Post natal leave

Qualifying conditions for cash benefits

None6 weeks10 weeks

Maternity allowance

200 hours of employment in the 3 months or the calendar quarter before the beginning ninth month preceding the expected date of confinement or the beginning of the of the maternity allowance period. 10 months of insurance contributions paid or credited before the expected date of confinement

Pre natal allowance

All women. Pregnancy must be declared by the end of third month and 3 medical examinations must be carried out (before the end of third month of pregnancy, during the sixth month and the first part of the eighth month).

Post natal allowance

All women. 3 medical examinations of the child—in the first week after birth and at 9 months and 24 months after birth.

Cash benefits to employee

Qualifying conditions for reinstatement

Reinstatement period

Alternative re-engagement conditions

Maternity allowance

None10 weeks after confinementIf woman wishes to extend leave, loses right to reinstatement but retains a right to priority of reengagement during year following end of maternity leave.
For 16 weeks of maternity leave 90 per cent, of normal earnings.

Pre natal allowance

3 instalments—
£43·97
£87·95
£65·96
respectively after each examination.

Post natal allowance

3 instalments—
£129·92
£64·96
£64·96
respectively after each examination.

Sterling amounts shown are conversions using exchange rates as at 29 December 1978.

The United Kingdom maternity allowance increased to £18·50 per week from 12 November 1979