Articles

Key takeaways

• You must give your employer notice for maternity leave by 25 weeks of pregnancy.
• Telling your employer earlier can help with support and planning.
• You have rights protecting you from discrimination at work.
• You have a right to 52 weeks of Statutory Maternity Leave.

Telling your manager you're pregnant

By law, you do not need to tell your employer you are pregnant until the end of the 15th week before your due date. This is when you are 25 weeks pregnant. However, it is often best to tell them as soon as you can. This is especially true if you have physical symptoms like sickness and need their support. Telling them early also gives them time to plan risk assessments and any job adjustments.

Before you have this conversation, check your employment contract. Also, look at your organisation's pregnancy and maternity policy.

It is a good idea to check the GOV.UK website for your legal rights. These include:

• maternity leave
• keeping in touch days
• shared parental leave
• paternity leave

Think about how your manager might react to your news. This can help you prepare for the conversation. You could also consider how team adjustments or cover might work.

It is important to tell your employer in writing if you need health and safety protection at work. You can send a letter or email and keep a copy. If you have pregnancy sickness, you might also want to let them know. This allows them to support you if you are feeling sick or vomiting.

Arranging your leave

To arrange maternity leave:

1. Tell your employer your baby's due date.
2. Tell them when you would like your maternity leave to start. Do this at least 15 weeks before your due date.
3. Your midwife will give you a maternity certificate (form MAT B1) no more than 20 weeks before your due date.
4. You will need to give this to your employer to claim Statutory Maternity Pay (SMP) or other maternity benefits.

Understanding your rights at work

Your income and job are protected when you are pregnant and working. It is against the law for your employer to discriminate against you. They cannot dismiss you or make you redundant for anything related to your pregnancy. This also applies to the birth of your baby or your maternity leave. These rights apply regardless of whether you work part-time. They also apply no matter how long you have worked for your employer.

Health and safety adjustments

Once you tell your employer in writing that you are pregnant, they are required to make adjustments if needed. They need to make sure your workplace is safe for you and your baby. This means making reasonable changes to your work. For example, they might ensure you do not do any heavy lifting. They could also offer you a suitable alternative role. You might also be offered time off on full pay.

Time off for antenatal care

You have the right to take a reasonable amount of paid time off for appointments for the care you get during pregnancy (antenatal appointments). This applies if you are an employee. If you are an agency worker, you have the right to reasonable paid time off for antenatal care. This applies if you have been with the same employer for more than 12 weeks.

Pay, performance, and promotion

You do not need a performance review before you go on leave. If you don't have a performance review, ensure this doesn't cause you to miss a pay rise or promotion. If your performance has been affected by your pregnancy or pregnancy-related illness, your employer should not consider this in your review.

A pay rise cannot be withheld because of pregnancy or maternity leave. This is true for any pay rise that was due to start between the beginning of your SMP period and the end of your maternity leave.

Employer responsibilities during leave

Your employer must contact you about opportunities like promotions, jobs, or pay rises while you are away. They should also contact you if there is redundancy or reorganisation that could affect your role.

If you need time off work for a pregnancy-related illness, it does not count towards your sickness record. If your employer usually provides sick pay, you will still have a right to this. If your organisation does not offer sick pay, you can apply for statutory sick pay.

Navigating maternity leave and benefits

When you are pregnant, you have the right to a year of maternity leave. If you are employed and pregnant, you have a right to 52 weeks of maternity leave. This applies no matter how long you have worked for your employer.

This leave is made up of two parts:

• Ordinary Maternity Leave – the first 26 weeks.
• Additional Maternity Leave – the last 26 weeks.

Your employment terms like your pension contributions are protected during Statutory Maternity Leave. You also have extra rights if you are made redundant while on Statutory Maternity Leave.

Enhanced maternity pay

Some employers offer enhanced maternity pay, also known as contractual pay. This is more than Statutory Maternity Pay (SMP). For example, you might get 26 weeks of full pay followed by 13 weeks of SMP. You should check your contract or talk to your employer to find out what you can get.

If your employer agrees, you can take extra leave on top of the 52 weeks of Statutory Maternity Leave. This extra leave is not covered by Statutory Maternity Payment. However, some employers offer enhanced maternity benefits that may include payment for this time. Check your policy to see if yours does. You may need to pay back enhanced pay if you do not return to work or leave shortly after you return. You can also request that your employer provides flexible working arrangements if you decide to return to work at the end of your leave.