Maternity leave: do you know what your employment rights are?
In the UK, employees have a right to take up to a year of maternity leave, no matter how long they have worked for their employer. However, figuring out maternity pay, benefits and workplace rights can be complicated.
In this blog, our specialist employment solicitors answer some frequently asked questions about maternity leave employment rights.
This blog was originally published in April 2019 and revised in September 2026 to include information about extended redundancy protection.
‘Pregnancy and maternity’ as a protected characteristic
‘Pregnancy and maternity’ is a protected characteristic under the Equality Act 2010. This means that you are protected from being treated ‘unfavourably’ because you are pregnant and/or because you are on maternity leave.
What is unfavourable treatment?
With unfavourable treatment, an employee must not be disadvantaged because of their pregnancy or maternity. For example, they must not:
- Be subjected to unfair treatment because of pregnancy or maternity
- Suffer a disadvantage because of pregnancy or maternity through the employer’s policies, procedures, rules or practices
- Experience unwanted behaviour because of pregnancy or maternity
This protection also means that treatment which impacts an employee negatively because of pregnancy or maternity may be discriminatory even though other staff are treated the same way.
Can I still access my employer’s benefits package whilst on maternity leave?
- If your contract gives you a bonus based on work done in a year, you are still entitled to part of your bonus. You’ll get your bonus for the part of the year you’re at work, but not the part of the year you’re on maternity leave. The time you’re at work includes the first two weeks after your baby is born and any ‘Keeping in Touch’ (KIT) days.
- If you get a bonus based on length of service, this shouldn’t be affected. Your maternity leave makes up part of how long you’ve been working for your employer.
- If you get a bonus based on company profits, you should still get this.
- If all staff get a bonus as a one-off, even if it isn’t part of your contract, i.e. extra money at Christmas, you should still get this.
Bonus entitlement often depends on the contractual terms and bonus scheme rules.
Can I get made redundant or be dismissed whilst on maternity leave?
If you are on maternity leave and you are selected for redundancy because you are pregnant or on maternity leave, it will be unfair dismissal.
Employers must be careful to ensure that the redundancy is for a genuine reason, e.g. the closure of the business or diminishing need for the employee to do that work. It must not be caused by the pregnancy or maternity leave itself. It is not enough for the employer to decide after the woman has gone on maternity leave that they are managing without her, and so there’s no need for her to return. This will likely result in an unfair dismissal claim.
If the employer decides they need fewer employees, they must go through a fair redundancy selection process. This ensures that the employee who has been absent on maternity leave is not disadvantaged.
Dismissing someone for no fair reason whilst on maternity leave is likely to be unlawful. This is because the employee would not have lost their job if they had not had to take time off work to have a baby.
Extended redundancy protection since April 2024
Since 6th April 2024, if you are made redundant whilst on maternity leave, your employer must offer any suitable alternative vacancy before anyone else. This ‘first refusal’ right applies:
- From the day you tell your employer you’re pregnant
- Throughout your maternity leave
- For 18 months from your baby’s due date or from the actual birth date if you’ve given your employer that date in writing
The same extended protection applies if you’ve taken adoption leave or at least six weeks of shared parental leave.
Can my employer pay my maternity cover more?
Yes, your employer can pay your cover more than you, but they may find themselves in a position where you return to work after maternity leave and claim that you should receive a pay rise to be in line with your maternity leave cover.
If your maternity cover is male and your employer cannot justify why he was paid more than you, you may have a claim for sex discrimination.
My job changed whilst I was on maternity leave. What are my rights?
Generally, your right to return to the same job after maternity leave depends on how much leave you’ve taken.
- If you have taken up to 26 weeks’ maternity leave, you are entitled to return to the same job.
- If you have taken more than 26 weeks’ maternity leave, you have the right to return to the same job unless the employer has a genuine reason why this is not possible. In these cases, they have the right to return to a suitable alternative role. If there’s no alternative but to offer them a different job, the job must be suitable and appropriate.
If your role has changed, it also depends on what changed and when. If there are changes to the terms of your contract of employment, you could potentially claim against your employer. When the changes are to how you should carry out your job, i.e. new systems, you would probably be expected to cooperate and be flexible with this. This is a complex area, so seek legal advice if you find yourself in this position.
Do I have a right to maternity pay?
If you are an employee or worker, such as a casual or agency worker, and your employer pays you through PAYE and deducts any tax or National Insurance, you can get Statutory Maternity Pay (SMP).
As an employee, you must also meet the following qualifying conditions (correct as of August 2026):
- Earn on average at least £129 a week
- Give the correct notice
- Give proof that you’re pregnant
- You must have worked for your employer continuously for at least 26 weeks, continuing into the ‘qualifying week’, the 15th week before the expected week of childbirth
You cannot get SMP if you go into police custody during your maternity pay period. It does not restart when you are discharged.
How much time can I take off for maternity leave?
All employees have the right to 52 weeks of maternity leave. Unless stated in their contract, agency workers, casuals and other workers are not entitled to maternity leave. They may, however, qualify for maternity pay under different rules.
How long do I have to work at a company to be entitled to maternity leave?
There is no required minimum length of service to take maternity leave. However, you must be employed in the 15th week before the expected week of childbirth to be entitled to maternity leave. You must tell your employer at least 15 weeks before the baby is due:
- That you are pregnant
- When the expected week of childbirth is (you usually give your employer a MATB1)
- The date you intend to start maternity leave
Your employer must then confirm your leave start and end dates in writing within 28 days.
You can change your return to work date if you give eight weeks’ notice.
How much notice do I need to give before returning from maternity leave?
When you first ask for maternity leave, your employer should assume you will be away for a year, unless told otherwise.
If you want to end your maternity leave before the anticipated date, you should tell your employer at least eight weeks before your new end date. If you want to leave later, you should tell your employer at least eight weeks before your old end date.
Should you decide not to return to work, your contract will tell you what notice to give. If this isn’t stated, it will need to be at least one week’s notice, although it’s sensible to, wherever possible, give as much notice as you reasonably can.
Contact our maternity law solicitors
To speak to one of our employment solicitors about your maternity rights, or for any other employment-related issue, call 0117 325 2929 or complete our online enquiry form.