Maternity leave

Knowing your rights when you become pregnant is crucial for looking after yourself, your baby and both of your futures. It can be a bit of a maze of information, but this guide should get you started.

"If your employer does not meet their obligations, you can make a claim."

How much maternity leave am I entitled to?

If you're an employee you have the right to take up to 52 weeks' maternity leave when you're pregnant and have a baby. The first 26 weeks is known as Ordinary Maternity Leave (OML); the second 26 weeks is known as Additional Maternity Leave (AML). Legally, you must take at least two weeks immediately after the baby is born (four weeks if you work in a factory) – this is known as Compulsory Maternity Leave (CML). Find out if you're eligible – if you're not, you may be entitled to Maternity Allowance.

How much money will I get?

You're entitled to receive 90% of your salary for the first six weeks of your maternity leave, followed by a maximum of £123.06 per week for another 33 weeks. This is known as Statutory Maternity Pay (SMP). Some employers may offer enhanced maternity pay, so talk to your manager or HR department to find out what you're entitled to.

When should I tell my employer?

You must give your employer the following information, preferably in writing, by the end of the 15th week before your baby is due:

That you're pregnant
The date your baby is due
The date you want your maternity leave to start

You might need to produce a medical certificate (MATB1), showing when your baby is due, which you can get from your midwife or doctor.

Once your employer has received your notice that you want to take maternity leave, they must write to you within 28 days and tell you the date you're expected to return to work.

When can I start maternity leave?

You can start at any time in, or after, the 11th week before your baby is due. Your maternity leave will start automatically if you're off work for any reason to do with your pregnancy from the fourth week before your due date.

Should I keep in touch with work when I'm on maternity leave?

You're allowed to work for up to 10 days during your maternity leave without it affecting your maternity pay. These are called 'Keeping in Touch Days', and you will be paid your usual salary for these days. However, these are voluntary: you do not have to attend, nor does your employer have to offer them.

When can I return to work?

You have the right to return to your original job after your 26 weeks' OML – or even before if you wish to return sooner, but you must give your employer eight weeks' notice of your new return date. After AML you should be offered your old job back, but if that's not practical you must be offered a job that is suitable for you, on the same terms and conditions as before.

If your employer does not meet their obligations, you can make a claim for unfair dismissal, or sex discrimination. For advice, contact your local Citizens Advice Bureau.

What if I want to quit my job?

If you decide that you don't want to return to work after your maternity leave, you're required to give the period of notice as set out in your contract. Your maternity leave and employment protection continues until the day you give as your final day of employment.

Am I entitled to go back to work part-time?

You have no automatic right to return to work part-time after maternity leave. However, you have the right to ask for flexible working, and this request must be considered seriously by your employer. If they do not consider it seriously, this could be classed as sex discrimination.

Find out exactly what you're entitled to, and when you have to inform your employer by following this guide to maternity pay.
Write to your employer by the end of the 15th week before your baby is due to inform them of your pregnancy.
Discuss any potential changes on your return with your employer as early as possible; raising the idea of flexible working if this is something you are interested in.
While on maternity leave, keep in touch with your employer so that you're informed of any big changes and they know how you're getting on, too.
If you're self-employed or work on short-term contracts, you'll need to find out what you're entitled to. Read about A typical Workers and Maternity Rights to find out the latest legal entitlements, and also call the Working Families free helpline on 0800 013 0313.
If you need more help or advice, call the Acas Helpline on 0845 7474 747 from Monday to Friday, 8am to 6pm. If you're in Northern Ireland, contact the Labour Relations Agency on 0289 0321 442.

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