Since 2005, Pregnancy discrimination has been defined under the SDA as:
A person discriminates against a woman if:

• …on the grounds of pregnancy, the person treats her less favourably than he would treat her had she not become pregnant.

There is a protected period of time during which a woman is protected from less favourable treatment. This commences as soon as the employer is aware of the pregnancy and lasts until the end of Ordinary Maternity Leave or Additional Maternity Leave.

Rights during pregnancy

• Pregnant employees are allowed paid time off for ante-natal care
• Pregnant employees have the right to a Health and Safety risk assessment
• If risks are identified, then steps must be taken to avoid the risk, including offering an alternative suitable position
• If this is not possible, the employee should be suspended on full pay
• Women must take at least 2 weeks leave after childbirth (4 if working in a factory)

Women are also protected during pregnancy under the Employment Rights Act and the Work and Families Act.

Protection during pregnancy
• Women cannot be dismissed for being pregnant or for reasons connected to pregnancy or maternity leave
• Women should have access to the same promotion and training opportunities and should be allowed to keep the same duties and responsibilities

Ordinary Maternity Leave (OML)

• Women are entitled to 26 weeks OML, regardless of length of service, and OML itself is counted as continuous service
• Note: from April 2007, maternity pay has been extended from 6 months to 9 months
• Women are entitled to the same terms and conditions during OML, except for renumeration (ie wages or salary)
• All other benefits such as use of company car, health insurance and contractual holiday are still continued
• Pension contributions must still be made by the employer
• The employee is entitled to Statutory Maternity Pay if she has 15 weeks of continuous service completed by the 15th week before childbirth

Additional Maternity Leave (AML)

• AML is 26 weeks (unpaid), starting from the end of OML
• A woman is entitled to AML if she has completed 26 weeks of service by the 15th week before her baby is due
• There are fewer rights for women during AML, eg no employer pension contribution is required, and AML is not counted as continuous service (although it does not constitute a break in service)

Returning to work

• Right to return to the same job with no less favourable terms and conditions, unless there is a genuine redundancy situation or when the woman has returned after two leave periods (eg OML and AML or OML and Parental leave)
• Where the same job is not available, a suitable alternative must be offered

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