Maternity Rights Overview Complete guide to maternity rights in the UK. Understand leave entitlement, pay, job protection, and key dates for pregnant employees.
Last updated: 30 January 2025 Understanding your maternity rights helps you plan for pregnancy and protect your position at work.
Overview of Maternity Rights
Key Rights Summary
Right Entitlement Maternity leave 52 weeks Statutory Maternity Pay Up to 39 weeks Job protection Return to same job Antenatal appointments Paid time off Health and safety Risk assessment Protection from dismissal Throughout pregnancy and leave
Who's Covered
These rights apply to:
Worker Type Leave Rights Pay Rights Employees Full rights If eligible Agency workers Limited If eligible Workers Some rights If eligible
Maternity Leave
Entitlement
Leave Type Duration Ordinary Maternity Leave Weeks 1-26 Additional Maternity Leave Weeks 27-52 Total 52 weeks
Key Points
Feature Detail Day 1 right No qualifying service Compulsory leave 2 weeks (4 weeks factory) Flexible start From 11 weeks before due date Cannot be forced back Your choice when to return
When Leave Can Start
| Earliest | 11 weeks before due date |
| Latest | Day of birth |
| Triggers | Birth or pregnancy-related illness after 36 weeks |
Statutory Maternity Pay
Rates
Period Rate Weeks 1-6 90% of average earnings Weeks 7-39 £184.03 or 90% (whichever lower) Weeks 40-52 Unpaid
Eligibility
To qualify you must:
Requirement Detail 26 weeks' service By qualifying week Earn £123+/week Average earnings Give correct notice By deadline Provide MATB1 If requested
If Not Eligible for SMP
You may qualify for:
Maternity Allowance (from government)
Employer must issue SMP1 form
Job Protection
Return to Work Rights
After Right to Return To Ordinary leave (26 weeks) Same job Additional leave (52 weeks) Same job, or suitable alternative
What "Same Job" Means
Same role
Same terms and conditions
Same seniority
Same location (usually)
Same pay
Protection from Redundancy
During Pregnancy/Leave Special Protection Suitable alternatives Offered to you first Selection criteria Cannot disadvantage you Reason for redundancy Must be genuine
Notification Requirements
Timeline
Action When Tell employer you're pregnant By 15th week before due date Notify leave start date By 15th week before due date Provide MATB1 If employer requests Change return date 8 weeks notice
What to Tell Employer
Information Required That you're pregnant Yes Expected due date Yes When you want leave to start Yes When you'll return No (default is 52 weeks)
Antenatal Care
Paid Time Off
Entitlement Detail All appointments Paid time off First appointment No evidence required Subsequent Can require evidence Travel time Included
What Counts
Included Not Included Doctor appointments Classes (usually) Midwife appointments Scans Hospital visits
Health and Safety
Employer's Duties
Duty Action Risk assessment For pregnant workers Remove risks If possible Alter conditions If needed Offer alternative work If risks remain Suspend on full pay If no alternative
Common Risks
Risk Consideration Heavy lifting May need adjustment Standing for long periods Breaks/seating Exposure to chemicals Alternative duties Stress Workload review
Discrimination Protection
Pregnancy Discrimination
Protection Scope Direct discrimination Because of pregnancy Unfavourable treatment Related to pregnancy No comparator needed Automatic protection Time limit 3 months to claim
What's Protected
Examples Unlawful Not hiring Because pregnant Denying promotion Pregnancy-related Dismissal For pregnancy reasons Less favourable treatment Due to pregnancy/leave
Key Dates
Calendar of Important Dates
When What As soon as know Can tell employer Week 20 Get MATB1 from midwife Week 25 Deadline for notification Week 29 Earliest leave can start Week 40 Due date 2 weeks after birth Compulsory leave ends
Calculating Dates
Term Meaning EWC Expected Week of Childbirth (week containing due date) QW Qualifying Week (15th week before EWC) 11th week Earliest maternity leave start
During Maternity Leave
What Continues
Element Status Employment Continues Holiday accrual Usually continues Pension Employer contributions on SMP Service Accrues
Keeping in Touch
KIT Days Detail Maximum 10 days Voluntary Both must agree Pay Negotiable Effect No impact on SMP
After Maternity Leave
Returning to Work
After Your Rights OML Same job AML Same job or suitable alternative Notice 8 weeks if changing return date
Flexible Working
Right Detail Request Can request flexible working Consideration Must be properly considered Refusal Only for valid business reasons
Practical Tips
During Pregnancy
Action When Tell employer When comfortable (by QW) Get MATB1 Around week 20 Plan leave dates Before notification deadline Discuss handover As leave approaches
Protecting Your Rights
Tip Why Keep copies Of all correspondence Know your dates Deadlines matter Put things in writing Evidence Raise concerns Promptly Get advice If problems arise
If Things Go Wrong
Warning Signs
Issue Concern Pressure to return early Your choice Job changed May be unlawful Selection for redundancy Check fairness Negative treatment May be discrimination
Getting Help
Source Help With ACAS Advice and guidance Maternity Action Specialist charity Citizens Advice General advice Solicitor Legal claims
Frequently Asked Questions
What maternity rights do I have at work? Key rights include: 52 weeks maternity leave (regardless of service), up to 39 weeks SMP (if eligible), protection from dismissal, right to return to your job, paid time off for antenatal appointments, and health and safety protection.
When should I tell my employer I'm pregnant? By the 15th week before your due date (around week 25 of pregnancy) for SMP purposes, though many tell earlier. You must notify in writing if employer requests. Earlier notification gets you health and safety protections sooner.
Can I be made redundant while pregnant? Redundancy during pregnancy/maternity leave isn't automatically unfair, but you must be offered suitable alternative vacancies before other employees. Selection criteria cannot disadvantage you for pregnancy-related reasons. Pregnancy discrimination is unlawful. Disclaimer: This information is for general guidance only and does not constitute legal advice. Employment law is complex and changes frequently. For specific situations, consult ACAS, a qualified employment lawyer, or HR professional.