There is no substitute for early discussions with your practice about maternity leave and putting together a clear, written agreement as to the arrangements you have decided.
Discuss maternity leave early on
There will most likely be something in your associate agreement that provides for maternity leave. When we have spoken to practice owners generally about maternity leave, there is rarely any question that they have to accommodate it.
Nevertheless, if you are a self-employed associate, you need to ensure you maintain a good working relationship with the practice owner.
We suggest that you discuss your plans for leave in advance and work with the practice to ensure there is cover.
Early communication and written plans
You should tell your practice of your pregnancy or intention to take parental leave as early as you feel comfortable. Doing this allows both parties time to agree a handover period, determine how cover will be managed, and formalise any phased return arrangements. The written agreements you put in place from the start protect all parties in case of future disputes.
Practice owners are generally understanding about the fact that women will need time off during pregnancy. Some pregnancies are, of course, more difficult than others. The more the associates talk to the practice, keep them informed, and do their best to treat patients, the less likely problems will arise.
Maternity cover is different when you are self-employed
Most associate contracts contain a clause requiring the associate to appoint a locum during periods of absence. With NHS workforce shortages, you should be realistic about the availability of short‑term cover, and work with your colleagues to plan ahead. The NHS regulations on associates engaging a locum differ across UK nations. In our experience, the practice will often engage a dentist themselves to cover the associate’s work.
You should also be aware that commercial obligations in your associate contract, such as NHS targets, may continue while you are on maternity leave.
In practice, questions of cover and ongoing commercial obligations are rarely a problem. But we have seen it become contentious.
We cannot stress enough that the issues of locum cover and maternity leave are resolved most easily when everyone communicates with each other early, clearly and with an understanding of each other’s position.
Maternity rights?
If you are an associate working on a self‑employed basis, you do not qualify for statutory maternity leave. Aside from any rights you may have to NHS parental leave payments, your rights and responsibilities are set out in your associate agreement. However, the law is changing and as an associate, even though you are self-employed, you may have protection under discrimination law.
The law is not clear as to whether self-employed associates have legal protection from discrimination arising from pregnancy or maternity leave. Each case will depend on its own facts.
If you think you have suffered unlawful discrimination, you should seek advice as soon as possible.
Maternity and parental leave, and pay for associates providing NHS dental services
Members can access our advice for associates on parental leave which includes NHS parental leave payments, or speak to our advice team.