Maternity Leave Rights Explained
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Maternity leave is a protected legal right for eligible employees in the UK. You can take up to 52 weeks of leave, which includes 26 weeks of Ordinary Maternity Leave (OML) and 26 weeks of Additional Maternity Leave (AML). Many parents can also share leave with the other parent through Shared Parental Leave (SPL).
During maternity leave, you are protected from dismissal, detriment, or discrimination and you have the right to return to the same or similar job with the same terms and conditions. You may also be entitled to Statutory Maternity Pay (SMP) for up to 39 weeks.
Employment Rights During Maternity
- Time off for antenatal appointments - your employer must allow reasonable time off
- Health and safety protection - safeguards exist while pregnant and breastfeeding
- Job protection - priority for suitable alternative employment in redundancy situations
- Flexible working - request adjustments when returning from leave.
Eligibility for Statutory Maternity Leave
To qualify:
- You must be an employee, not a worker.
- You must provide correct notice to your employer:
- At least 28 days before starting leave
- Proof of pregnancy.
Commencing Maternity Leave
You can begin maternity leave:
- Up to 11 weeks before your expected week of birth.
- The day after birth if your baby is premature.
- Following pregnancy-related ill-health absence in the 4 weeks before birth.
How to Make the Most of Your Rights
You can begin maternity leave:
- Notify your employer early and in writing.
- Understand your entitlements to SMP, SPL, and unpaid leave.
- Plan your return with flexible working if required.
- Seek legal advice if you experience dismissal, discrimination, or detriment.
Speak to Our Maternity Law Experts
We provide nationwide support for employees facing maternity or pregnancy-related issues. Whether it’s protecting your job, ensuring your pay, or making a claim, our team can guide you every step of the way.
Call us confidentially on 0113 320 5000 or email employment@winstonsolicitors.co.uk.
All eligible employees are entitled to up to 52 weeks of maternity leave, protection from dismissal, the right to return to their job, and possibly Statutory Maternity Pay. Employers must follow UK employment law for maternity protections.
You can receive SMP for up to 39 weeks, subject to eligibility. The first 6 weeks are usually 90% of your average weekly earnings, with the remaining weeks at a statutory rate.
No. You are protected from dismissal, detriment, or discrimination due to pregnancy or maternity leave. Any dismissal must follow a fair and lawful process.
You can start maternity leave up to 11 weeks before your expected week of birth, the day after a premature birth, or after pregnancy-related ill-health in the 4 weeks prior to the due date.
Yes. You have the right to return to the same job or a similar job with the same pay and conditions after Ordinary or Additional Maternity Leave.
Yes. Employees can request flexible working arrangements on return. Employers must consider requests fairly and in line with employment law.
Contact a specialist employment solicitor immediately. You may be able to make a claim for unfair dismissal, detriment, or discrimination through an Employment Tribunal.
