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UK Maternity Rights at Work: Leave, Pay & Notice

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Part ofUK Employment Law Guide for Employers (2025)

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Working out where you stand when you are pregnant or about to become a parent can feel overwhelming, whether you are the one expecting or the manager trying to do the right thing. UK employment law sets out a clear framework of rights around pregnancy, maternity leave and pay, but the practical side, telling your employer, agreeing dates, taking antenatal appointments, planning a return, often gets lost in the paperwork. This guide walks through the main stages of maternity in the workplace, from the first conversation about a pregnancy through to resignation or return to work. It focuses on what employees can expect, what employers need to offer, and the written communications that usually sit behind each stage. The aim is to help both sides handle the period with less stress and fewer misunderstandings.

Overview

Maternity rights in the UK are a bundle of statutory protections covering pregnant employees and new mothers. At their core, eligible employees have the right to up to 52 weeks of maternity leave, made up of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave, regardless of length of service.

Many will also qualify for Statutory Maternity Pay, provided they meet the qualifying conditions around earnings and continuous employment. Alongside leave and pay, pregnant employees have the right to paid time off for antenatal care, protection from unfair treatment and dismissal connected to pregnancy or maternity, and the right to return to the same or a similar job.

Employers also have legal duties around health and safety risk assessments for pregnant workers and new mothers. A well-run maternity process is usually backed by a written policy and a sequence of letters that record key decisions: notification of pregnancy, confirmation of leave dates, pay arrangements, keeping-in-touch days, and return or resignation. These documents protect both sides if anything is later disputed.

Key steps

  1. Tell your employer in writing. By the 15th week before your expected week of childbirth, you need to let your employer know that you are pregnant, your expected due date, and the date you want your maternity leave to start. A short written notification, with a MATB1 certificate from your midwife or GP once available, creates a clear record and starts the formal process.
  2. Agree antenatal appointment time off. Pregnant employees have the right to reasonable paid time off for antenatal care, which can include medical appointments, scans, parenting classes and relaxation sessions recommended by a clinician. It helps to give as much notice as possible and, where asked, show an appointment card so the employer can plan cover without disruption.
  3. Confirm maternity leave and pay dates. Your employer should respond within 28 days, confirming the date your maternity leave will end based on the start date you have given. If you are eligible for Statutory Maternity Pay, they should also set out how much you will receive and for how long. Check the figures against current rates on gov.uk.
  4. Plan keeping-in-touch days and cover. You can work up to 10 keeping-in-touch days during maternity leave without ending your leave or losing pay, if both you and your employer agree. Use this stage to agree how you want to be contacted, how handover will work, and who will cover your duties, so there are no surprises on either side.
  5. Decide on returning, extending or resigning. Most employees are assumed to be returning on the same date unless they say otherwise. If you want to return earlier, you usually need to give at least 8 weeks' notice. If you decide not to return, your normal contractual notice period applies, and it is sensible to confirm your decision in writing to avoid any dispute over pay or accrued holiday.

Common questions

If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q How much maternity leave am I entitled to in the UK?
Eligible employees can take up to 52 weeks of Statutory Maternity Leave, split into 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. This applies from day one of employment, so length of service does not affect your right to take leave. The minimum compulsory period is 2 weeks after the birth, or 4 weeks if you work in a factory.
Q When do I have to tell my employer I am pregnant?
You need to notify your employer by the end of the 15th week before your expected week of childbirth. You should tell them that you are pregnant, your due date, and when you want your maternity leave to start. It is sensible to put this in writing. Earlier notification often helps with health and safety planning and antenatal time off.
Q Do I get paid during maternity leave?
Many employees qualify for Statutory Maternity Pay for up to 39 weeks, provided they meet earnings and continuous employment conditions. The first 6 weeks are paid at a higher percentage of average weekly earnings, with the remaining weeks paid at a lower statutory rate or your earnings percentage if lower. Some employers offer enhanced contractual maternity pay on top. Check gov.uk for current rates.
Q Can I be made redundant while on maternity leave?
Redundancy is not automatically unlawful during maternity leave, but pregnancy and maternity are protected characteristics, and selecting someone because of their pregnancy or leave would be unlawful discrimination. Employees on maternity leave also have enhanced rights to be offered any suitable alternative vacancy. Recent changes have extended this protection to cover a period during pregnancy and after return.
Q What are keeping-in-touch days?
Keeping-in-touch days, often called KIT days, let you work for your employer for up to 10 days during your maternity leave without bringing the leave to an end. They are optional on both sides and should be agreed in advance, including what work you will do and how you will be paid. They can be useful for training, meetings or a gradual return.
Q Do I have to return to the same job after maternity leave?
If you return within the first 26 weeks, Ordinary Maternity Leave, you are generally entitled to come back to the same job on the same terms. If you take Additional Maternity Leave, you have the right to return to the same job, or if that is not reasonably practicable, a suitable and similar role on terms no less favourable than before.
Q Can I resign during maternity leave?
Yes. You remain an employee during maternity leave, so you can resign by giving the notice required under your contract. You should confirm your decision in writing and check how it affects any enhanced maternity pay, as some contractual schemes require you to return for a set period or repay part of the enhanced element. Statutory Maternity Pay is not usually repayable.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.