All about maternity leave

Statutory maternity leave is for 52 weeks - comprising 26 weeks of 'Ordinary Maternity Leave' and 26 weeks 'Additional Maternity Leave'. To qualify for maternity leave you must be an ‘employee’ - generally meaning you have a contract of employment with a company. You may be entitled to receive Statutory Maternity Pay for up to 39 weeks of the leave.

Provided you meet certain notification requirements (read below), you can take Maternity Leave no matter how long you've been with your employer, how many hours you work or how much you're paid. You continue to be an employee throughout your whole maternity leave.

Notification requirements

You must tell your employer at least 15 weeks before the beginning of the week your baby is due that you plan to take maternity leave. If this is impossible, because perhaps you didn't know in time that you were pregnant, tell them as soon as you can that you are pregnant, the due date of the baby and the date on which you wish to start your leave.

If you later decide to start your leave date, you need to give 28 days' notice to your employer of the change. The employer may ask for all notices in writing. They may also ask for a copy of Form MAT B1, the maternity certificate showing the due date (from your midwife or doctor after you have passed three weeks of pregnancy).

Your employer should write to you within 28 days confirming your leave period, especially when it will end. You keep this and your employer should keep a copy of this letter in your personnel file.

Starting your maternity leave

You can start your leave any time from 11 weeks before the beginning of the week when your baby's due. If you're off work because of your pregnancy in the four weeks before the expected birth date, your employer can make you start your maternity leave.

Sex discrimination

If your employer or managers treat you less favourably because you are pregnant, this may amount to sex discrimination. Also, if people are made redundant while you are pregnant or on maternity leave, they cannot use your pregnancy/maternity as an excuse to make you redundant. If you do get made redundant, the company must offer you a suitable alternative job if there is one.

Your terms and conditions during maternity leave

During ordinary maternity leave, you keep all your normal rights except your salary. You may have a laptop for home use, a company car or mobile phone - all of which you continue to use. Once you get into the period of statutory maternity leave, some of these rights may be suspended. Due to a rule change in 2007, all contractual rights (except salary) now also extend throughout the additional maternity leave period.

If the company is contributing to a pension scheme on your behalf, they should continue to do so while you are on leave - the amount of contributions may depend on specific clauses in your contract of employment.

Being on maternity leave does not reduce your holiday entitlement. You will build up all your entitlements to paid holiday throughout your ordinary and additional maternity leave. You can add holiday to the beginning or end of your leave. You may not be able to carry over untaken holiday entitlement if your maternity leave goes over two holiday years, so it's often best to take this at the beginning of your leave.

Keeping in touch during your leave

Keep in touch with your employer throughout your leave. They are entitled to make reasonable contact with you anyway, to discuss such things as arrangements for your return to work or to update you on any significant changes in the workplace, as well as any opportunities for promotion or job vacancies.

Returning to work

When you return to work after maternity leave, you have a right to the same job and the same terms and conditions as if you hadn’t been absent. If, for valid reasons, your employer shows that it’s not reasonably practicable for them to take you back in your original job (for example, because the job no longer exists), you must be offered alternative work with terms and conditions as if you hadn’t been absent.

If you take your full leave, you don’t need to give notice that you’re coming back, but it’s a good idea to do so. If you decide not to return to work at all, you must give your employer notice in the normal way - check notice periods in your contract of employment. You needn't take all of your maternity leave, but give your employer notice of your intention to return on a given date so they can make arrangements.

What happens if you lose your baby?

Provided you meet all the other conditions, you can still take maternity leave if your child is stillborn after 24 weeks of pregnancy or born alive at any point of the pregnancy.


More information
DirectGov - pregnancy and maternity rights
Worksmart - maternity leave and pay