Maternity rights at work — a complete UK guide

Pregnancy and maternity is one of the most legally complex areas of employment law — and one of the most important to get right. Here's what every pregnant employee in the UK needs to know.

When to tell your employer

You must notify your employer of your pregnancy by the end of the 15th week before your expected due date (approximately 25 weeks pregnant). In practice, many people tell their employer earlier for practical reasons — but this is the legal deadline for triggering your maternity rights.

Maternity leave entitlement

All employees are entitled to up to 52 weeks of maternity leave, regardless of how long they've worked for the employer or how many hours they work. This is split into:

• Ordinary Maternity Leave (OML): first 26 weeks
• Additional Maternity Leave (AML): the following 26 weeks

You do not have to take the full 52 weeks, but you must take at least 2 weeks after giving birth (4 weeks if you work in a factory).

Statutory Maternity Pay (SMP)

To qualify for SMP you must have worked for your employer for at least 26 weeks by the 15th week before your due date, and earn at least £123/week (Lower Earnings Limit, 2025).

SMP is paid for up to 39 weeks:

• First 6 weeks: 90% of your average weekly earnings
• Remaining 33 weeks: £184.03 per week or 90% of your average earnings, whichever is lower (2025 rate)

If you don't qualify for SMP, you may be eligible for Maternity Allowance from the government.

Your rights during maternity leave

• Your job must be kept open for you (or a suitable alternative if your exact role is genuinely redundant)
• You continue to accrue holiday entitlement during maternity leave
• You are protected from redundancy selection on the basis of pregnancy or maternity leave
• You can work up to 10 "Keeping in Touch" (KIT) days without ending your maternity leave

Returning to work

After OML (first 26 weeks): you have the right to return to the same job on the same terms. After AML (full 52 weeks): you have the right to return to the same job, or if that's not reasonably practicable, a suitable and appropriate alternative.

Protection from discrimination

Pregnancy and maternity is a protected characteristic under the Equality Act 2010. Treating you less favourably because of your pregnancy — including demoting you, excluding you from meetings, making redundant specifically because of pregnancy — is unlawful. If this happens, contact ACAS or an employment solicitor immediately.