Your Maternity Leave Rights: What Every UK Employee Should Know

Your Maternity Leave Entitlement

Every pregnant employee in the UK has the right to 52 weeks of maternity leave, regardless of how long you've worked for your employer. This is split into:

•Ordinary Maternity Leave (OML): First 26 weeks

•Additional Maternity Leave (AML): Last 26 weeks

You don't have to take all 52 weeks, but you must take at least 2 weeks after birth (4 weeks if you work in a factory).

Key Dates You Need to Know

The Qualifying Week

The 15th week before your expected week of childbirth. This is crucial because:

•You need 26 weeks continuous employment by this point for SMP

•You should notify your employer by this week

Notification Deadline

You must tell your employer about your pregnancy by the 15th week before your due date. You need to provide:

•Confirmation that you're pregnant

•Your expected due date

•When you want maternity leave to start

Use our Maternity Leave Planner to calculate all your key dates.

Protection During Pregnancy

You Cannot Be Dismissed for Being Pregnant

It is automatically unfair dismissal to sack someone because they're pregnant or on maternity leave. This protection starts from day one of employment.

Risk Assessments

Your employer must carry out a risk assessment of your workplace and role. If risks are identified, they must:

1.Adjust your working conditions

2.Offer you suitable alternative work

3.Suspend you on full pay if no alternative exists

Time Off for Antenatal Care

You have the right to paid time off for antenatal appointments, including:

•Medical appointments

•Antenatal classes recommended by your doctor

•Relaxation classes

•Parent-craft classes

Your Rights During Maternity Leave

First 26 Weeks (OML)

During OML, you're entitled to:

•All your normal contractual benefits (except salary) — e.g., company car, pension contributions, gym membership

•Continued accrual of annual leave

•Protection from redundancy (priority for suitable alternative roles)

Last 26 Weeks (AML)

During AML, your rights are the same, but some non-pay benefits may not continue (check your contract).

Annual Leave

You continue to accrue holiday during your entire maternity leave. Many employers allow you to:

•Take annual leave before maternity leave starts

•Add annual leave onto the end of maternity leave

•This can significantly extend your time off

Keeping in Touch (KIT) Days

You can work up to 10 KIT days during your maternity leave without ending your leave or losing SMP. These are voluntary — neither you nor your employer can insist on them.

KIT days are great for:

•Staying connected with colleagues

•Attending training or conferences

•Easing back into work gradually

Enhanced Redundancy Protection

Since April 2024, pregnant employees and those on maternity leave have enhanced protection against redundancy in the UK. This protection now extends to:

•The entire period of your pregnancy, from the point you notify your employer

•The full duration of your maternity leave

•18 months after your baby's birth (even after you have returned to work)

During this protected period, if your role is made redundant, your employer must offer you any suitable alternative vacancy before offering it to other employees. This is a significant strengthening of the previous rules, which only protected employees during maternity leave itself.

If you believe you have been unfairly selected for redundancy because of your pregnancy or maternity leave, read our guide on redundancy during pregnancy and maternity for advice on your next steps.

Pregnancy Discrimination

It is unlawful for your employer to treat you unfavourably because of your pregnancy or maternity leave. Pregnancy discrimination at work can take many forms, including:

•Being overlooked for promotion or training opportunities

•Receiving negative performance reviews related to pregnancy absence

•Being pressured to return to work earlier than you wish

•Having your role changed or downgraded without consultation

•Being made to feel unwelcome when you return

•Being dismissed or made redundant because of your pregnancy

Protection against pregnancy discrimination applies from day one of employment — you do not need any minimum length of service. If you experience discrimination, keep a written record of all incidents with dates and details, and seek advice promptly.

Returning to Work

After OML (First 26 Weeks)

You have the right to return to the exact same job with the same terms and conditions, including your seniority, pension rights, and any other benefits. Your employer cannot change your role, responsibilities, or working conditions without your agreement.

After AML (Last 26 Weeks)

You have the right to return to the same job. If that is not reasonably practicable (for example, due to a genuine restructure), your employer must offer you a suitable alternative role on terms and conditions no less favourable than your original position.

Flexible Working

You have the right to request flexible working from day one of employment. Your employer must deal with your request in a reasonable manner and respond within two months. They can only refuse for one of eight specific business reasons set out in law. Read our full guide on flexible working after maternity leave for tips on making a successful request.

For more practical advice on your return, see our complete guide to returning to work after maternity leave.

Shared Parental Leave

If you want to share your leave with your partner, you can convert your maternity leave into Shared Parental Leave (SPL). This allows:

•Your partner to take some of the remaining leave and pay

•You to take leave in up to three separate blocks rather than one continuous period

•Both parents to be off work at the same time

SPL can provide greater flexibility for your family, but it requires careful planning. Your partner must also meet employment and earnings criteria to qualify. Use our Shared Parental Leave Calculator to explore your options, or read our comprehensive Shared Parental Leave guide for full details on eligibility and how to apply.

What To Do If Your Rights Are Violated

If your employer is not respecting your maternity leave rights in the UK:

1.Raise a formal grievance with your employer in writing, keeping a copy for your records

2.Contact ACAS for free, confidential advice (0300 123 1100) — ACAS can also provide early conciliation before a tribunal claim

3.Seek legal advice from a specialist employment lawyer — many offer free initial consultations

4.Make an employment tribunal claim within 3 months (minus one day) of the discriminatory act

Keep records of all conversations, emails, and incidents — these will be essential if you need to take your case further.

Plan Your Maternity Leave

•Calculate your SMP with our free maternity pay calculator

•Plan your maternity leave dates

•Read about returning to work

•Understand your pay options

•Maternity leave checklist

•Write your maternity leave letter