Maternity leave and workplace rights | Winston Solicitors UK Skip to main content

Maternity leave and rights

Maternity Leave Rights

Maternity leave is the time a pregnant employee can take off work to have a baby and care for their newborn. In the UK, eligible employees are entitled to up to 52 weeks of maternity leave, regardless of how long they’ve worked for their employer. During this time, they have important legal rights, including protection from unfair treatment or dismissal, the right to return to work, and in many cases, Statutory Maternity Pay or Maternity Allowance. These rights are there to support a safe and fair experience before, during, and after pregnancy.

winston-solicitors-maternity-leave-workplace.jpg

What are your rights?

Firstly, employers are always free to agree more favourable contractual terms with their employees. It is not, however, possible for an employee to agree to less favourable terms than the statutory regime provides.

Employment Rights whilst in employment and on leave

Your employment rights are protected. These rights include:

  • Time off for antenatal appointments.
  • Health and safety protection while pregnant and breastfeeding.
  • Up to 52 weeks' maternity leave. Employees are entitled to one year's statutory maternity leave (made up of 26 weeks of ordinary maternity leave (OML) and 26 weeks of additional maternity leave (AML), regardless of length of service. With effect from 5 April 2015, up to 50 weeks of this can be shared with the father under the new Shared Parental Leave scheme (SPL).
  • Statutory maternity Pay (SMP) for up to 39 weeks
  • The right to return to the same job, or to a similar job under the same terms and conditions following AML.
  • Priority for alternative employment in redundancy cases above other employees, even if other employees are more suitable.
  • The right to request flexible working conditions on return to work.
  • Protection from dismissal, detriment or discrimination by reason of pregnancy or maternity.

Eligibility

To qualify for statutory maternity leave (SML) you need to:

  1. Be an employee (not a worker); and
  2. Give the correct notice:
    a.   At least 28 days prior to taking statutory maternity leave; and
    b.   Providing the employer with proof of pregnancy.

Commencement

Statutory maternity leave can start:

  • Up to 11 weeks prior to the expected week of birth; or
  • The day after the birth (if premature birth); or
  • On the commencement of any pregnancy related ill-health absence from work in the 4 weeks prior to the expected week of birth.

Client feedback

Winston's supported me with their professional services. They were very swift in responding to my initial enquiry, then very quickly put me in touch with someone with the correct professional experience. They explained every step of the process and made the whole exeriance feel very easy.
Andrew
I have recently worked with Samira and Dervinder, and I couldn't be more satisfied with the service I received. From the very beginning, they were both professional, responsive, and extremely knowledgeable. They took the time to explain every step of the legal process in clear and understandable terms, and their attention to detail and genuine care for achieving the best possible outcome truly stood out. 10 out of 10!
Joanne
From first contacting Winstons Solicitor, I was really impressed with the care, concern and empathy with which I was met. My subsequent meeting with Samira continued in the same way and I was able to benefit from clear, concise and invaluable professional advice clearly gained from years of experience. Thank you.
Steven
I was happy with the service dervinder Roth provided for me and helped with my anxiety through the 12 month process I had to deal with.
Salman
I'm so glad I found Samira. She went above and beyond to make me feel heard and supported through a really chalenging situation at work. She is very experienced and takes a fair, balanced, and honest approach. I'd highly receommend her to anyone needing support wih workplace issues.
Anonymous
Amazing service from Winston Solicitors. Through my settlement agreement Dervinder explained everything thoroughly and helped understand what it was, what it meant and where changes were needed they sorted this to the timeline that was set. They were proactive and responded to all queries. They were very helpful and would recommend them completely as they explain in understandable terms for someone with limited knowledge of the process Thank you so much all!
Eve
Excellent solicitors. Responsive, fast and thorough!
Simeon
Dervinder was a great help at calmly explaining all the details and processes. I felt confident during the engagement that everything was under control and he made my life simpler by sorting things out in a timely manner with no chasing.
Torban
Contact Samira