Government must protect pregnant women’s rights during Covid, says Labour

Labour has called on the government to protect pregnant women’s rights in the pandemic and to take action for those unlawfully placed on statutory sick pay, affecting their maternity pay and other entitlements.

Following an announcement from the chief medical officer in March, employers unable to make necessary adjustments to ensure workplace safety during the crisis should send pregnant women home on full pay.

But Labour’s Andy McDonald said many were wrongly placed on sick pay instead, and has called for time spent on sick pay related to Covid to be discounted for the period that earnings are used to calculate maternity pay.

The Shadow Employment Rights Secretary said: “It is wrong that pregnant women have not only lost income as a result of being wrongly sent home on sick pay rather than their full wage, but have had their maternity pay slashed as well.

“Covid-19-related spells on statutory sick pay should not mean women have their maternity pay cut, and the government needs to act now, end this injustice and protect pregnant women’s rights.”

Statutory maternity pay is paid for up to 39 weeks and is equal to 90% of your weekly income before tax for the first six weeks, then changing to £151.20 or 90% of your average weekly earnings – whichever is lower – for the next 33 weeks.

To calculate the rate of the benefit, employers average gross earnings over a period of at least eight weeks up to and including the last payday 15 weeks before the week of the baby’s due date.

But to qualify for maternity pay, employees need to earn at least £120 per week. The rate of sick pay is £95.85 and Labour has pointed out that those on sick pay in the period leading up to the qualifying week will not reach the lower earnings limit.

The government amended regulations in April so that pregnant employees and other parents-to-be did not lose entitlement to statutory maternity or other parental pay as a result of being placed on furlough pay at 80% of their wage.

Labour has said that the government refused to amend the regulations to discount a Covid-related period on statutory sick pay in maternity pay calculations, and has demanded that it reverse this decision.