You don’t have to tell your employer you are pregnant, but until you do, they do not have to take any further action, in order to protect the health and safety of you and your child. You should also bear in mind that you will only be entitled to certain rights once your employer knows that you are pregnant.
Know your rights and responsibilities
Being pregnant whilst at work, although full of excitement, can also come with its own stresses - even before you announce the pregnancy.Approaching your boss or asking your HR department for help can often be daunting, especially if, like 42% of women in our survey, you’re unsure of how they’re going to react to your news.
That’s why it’s important you understand your maternity and parental rights. We’ve put together a handy guide to pregnancy and being a working parent for you to download, so you know where you stand, right from the start. You may find that just being aware of the facts helps you to feel much more confident.
You can read these guides on your Kindle. Find out moreFrequently asked questions
This section aims to give you a better understanding of your legal rights and responsibilities regarding pregnancy and new parents in the work place. Take a look at these common questions which we've grouped into three sections:
My responsibilities
It’s up to you when you tell your employer, but you will need to have told them by 15 weeks before your baby is due (when you are about 25 weeks pregnant), which is when you legally need to give notice of when you want to take your maternity leave.
Many women like to wait until they're past the 13 week stage. If you're worried that parts of your job could be dangerous to your pregnancy, you might want to tell your employer sooner rather than later. Heavy lifting, having to stand for long periods, and long working hours can all be risky to pregnancy.
No, you don’t. It is usually sensible to wait until you have a job offer, preferably in writing, before you tell an employer that you are pregnant. By law, they are not allowed to withdraw the offer because you are pregnant.
Alternatively, depending on how many weeks pregnant you are, you may decide to wait until you have started the job. If you tell your employer once you have started and they ask you to leave, this could give you cause to raise a claim against them for sex discrimination or unfair dismissal.
You can ask for your maternity leave to start at any time from 11 weeks before your due date, right up until the baby is born. This still applies even if you’ve been told that you may have the baby earlier than expected.
If your baby arrives early, your maternity leave will start automatically the day after the birth. Your employer can also start your maternity leave if you are absent from work for pregnancy related reasons in the four weeks before your official due date.
If your baby is born early, and before your maternity leave has started, maternity leave will start automatically the day after the birth.
You must tell your employer that you have given birth as soon as possible, and make sure they know the date your baby arrived. Your employer can ask to have this in writing. If you can’t do this immediately, just do it as soon as you can.
If you don’t want to go back to work after maternity leave, you just give your normal notice, in the normal way.
You will continue to build up holiday entitlement until your maternity leave or notice period ends (whichever is sooner).
You won’t have to pay back any statutory maternity pay you have received, but if you have been paid any enhanced benefits from your employer, you may have to pay these back if you don’t return.
My entitlements
It doesn’t matter how long you have been employed, as long as you are an employee, the maximum statutory maternity leave you can take is 52 weeks. It’s made up of:
- 26 weeks of ordinary maternity leave.
- 26 weeks of additional maternity leave.
You don’t have to take 52 weeks, but you must take at least two weeks’ leave after your baby is born (or 4 weeks if you work in a factory).
You should make sure you give the correct notice to your employer to start your leave. You should give notice in writing by the end of the 15th week before your baby is due (that’s about 25 weeks’ pregnant) to be able to take your maternity leave.
The earliest your maternity leave can start is 11 weeks before your baby is due. You can ask for it to start at any point after that, but if your baby is born early, maternity leave starts the day after the birth.
For the latest information on statutory maternity leave entitlement, take a look at the GOV UK website.
The maternity pay you get depends on whether you are employed or self-employed, how much you earn and how long you have been working. Some employers also choose to enhance the maternity pay you receive, to find out if you will receive enhanced benefits you should refer to your employee handbook or speak with your HR department.
For the latest information on statutory maternity pay and the maternity allowance, take a look at the GOV UK website.
Yes. You should agree this with your employer. The length and frequency of your breaks will depend on the hours and nature of the work you do.
Yes. You should agree this with your employer. The length and frequency of your breaks will depend on the hours and nature of the work you do.
When you’re on maternity leave you build up holiday entitlement, just the same as you would if you were at work. If you normally have Bank Holidays off, in addition to your holiday allowance you can usually take these days at another time too.
You can calculate your holiday entitlement on the GOV UK website.
To be entitled to take one or two weeks’ continuous paternity leave, your partner must:
To get statutory paternity pay, your partner must meet the conditions above and also:
For the latest information on statutory paternity leave and pay entitlement, take a look at the GOV UK website.
- Have been employed by the same employer for at least 26 weeks by 15 weeks before your due date.
- Be the father of the child, or the mother’s husband, civil partner or cohabiting partner (same sex partners are included).
- Have, or expect to have, responsibility for bringing up the child.
- Still be working for your employer when the baby is born.
- Have average weekly earnings of at least the lower earnings limit for National Insurance Contributions.
To take paternity leave, your partner should give written notice to their employer by the end of the 15th week before the baby is due (that’s before the mother of the baby is 26 weeks pregnant).
The notice should explain when the baby is due, and when they would like to take the leave. It can be taken when the baby is born or at a later date, but it must usually be taken within 56 days of the birth or, if the baby is early, 56 days of the due date.
For paternity pay they should give 28 days’ written notice, before they want the payment to start.
My employer's responsibilities
You are not automatically entitled to change your hours, but it is something you can request if you feel if would be beneficial to your wellbeing. If a doctor or midwife has provided you with a medical certificate stating that for your health and safety you must change your hours of work, then your employer must offer you suitable, alternative arrangements.
If you have been employed by the same employer for at least 26 weeks (including your maternity leave), you will have the right to request a change in your working hours. The right to request is a formal process where your employer has to hold meetings with you and give you a decision in writing.
If you can, try to start discussions well before you are due back from maternity leave. If you and your employer are unable to agree and you need to follow the formal process it can take up to 14 weeks.
Yes, it is possible, however, your employer is not allowed to discriminate against you because you are pregnant or because of your maternity leave.
Whilst you are on maternity leave, you have additional rights which say that if you are selected for redundancy, your employer must offer you suitable alternative work before other employees who are not on maternity leave.
If your job finishes, for whatever reason, after 15 weeks before your baby is due, and you were still employed in that week, your employer will have to pay your statutory maternity pay. This means that they will have to pay your maternity pay, even though you no longer work for them.
Yes, your employer should keep your job available for you. Your employer is not allowed to discriminate against you because you are pregnant or because of your maternity leave. If your employer is not allowing you to come back, or not giving you your old job back, you may have grounds to raise a claim against them for unfair dismissal or sex discrimination.
Yes. There are no legal restrictions on breastfeeding at work or any time limit for doing so.
If this is something you’re interested in doing, you will need to give your employer written notice that you plan to breastfeed when you return to work. The sooner you do this, the more time your employer will have to provide you with a healthy, safe and suitable environment to express and store milk, although they are not legally required to do so.
Your employer is however legally required to provide somewhere for breastfeeding mothers to rest.
If you think your employer (or anyone else) at work is putting your safety at risk, treating you unfairly or is in breach of your rights, you must raise your concerns with your employer.
If you would like to have a confidential chat with one of our legal professionals, we can help. QualitySolicitors provide advice to working parents and mums to be across the UK. Get in touch today on 0800 999 7070 for a free initial advice appointment over the phone.
You can find out more about making a complaint about health and safety at work on the Health and Safety Executive website.
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