Pregnant employees have additional rights at work. Broadly speaking, employers must ensure expectant mothers are safe and that early maternity is as stress-free as possible (at least when it comes to work).
This guide covers pregnant employee rights and what expectant mums are entitled to at work. If you’re an employer, it will outline what you need to do to comply with the law. If you’re pregnant, it will help you figure out your entitlements and explain the steps you need to take before you start maternity.
Key Takeaways
- Employers must make reasonable adjustments if a pregnant employee’s work poses any risk to their health and safety.
- Pregnant employees are entitled to 52 weeks of maternity leave, with 39 weeks of statutory maternity pay.
- Pregnant employees should notify their employer of their pregnancy at least 15 weeks before the due date to access entitlements like maternity leave and paid time off for antenatal care.
Pregnant Employee Rights
There are three main employment statuses:
- Employee
- Worker
- Self-employed
This guide covers pregnant employee rights. You’re an employee if:
- You work under an employer
- You do set work yourself (i.e., you can’t contract it to anyone else)
- You work a minimum number of hours each week
Some rights covered in this guide won’t apply if you’re considered a worker or self-employed.
Employers may also try to deny you certain rights by falsely claiming you’re a worker or self-employed. If you suspect this is happening to you, you can check your employment status on the Citizens Advice website.
What the Law Says
Pregnant employee rights are spread out across multiple pieces of legislation, but there are two key ones to be aware of:
- The Health and Safety at Work etc. Act 1974
- The Equality Act 2010
The Health and Safety at Work etc. Act 1974 requires employers to protect the health, safety and welfare of their employees. They may need to do more to fulfil this duty when you’re pregnant.
The Equality Act 2010 prohibits discrimination or unfair treatment based on nine “protected characteristics”, which include pregnancy and maternity.
Employment Rights Bill 2024
The Employment Rights Bill has been in the news recently. The Labour government, which introduced the bill, claim it’s the “biggest upgrade to workers’ rights in a generation.” It promises sweeping reforms, including rights for paternity leave and unpaid parental leave from the first day of employment.
However, the bill won’t actually become law until mid-2025. Employers will also have an adjustment period, so parents will have to wait until early 2026 for their new rights.
Informing Your Employer
You must inform your employer in writing of your pregnancy. This should happen at least 15 weeks before the first day of the week your baby is due (known as the “qualifying week”).
If you weren’t aware yourself 15 weeks before your due date, tell your employer as soon as possible.
Some rights, such as paid time off for antenatal appointments, aren’t active until your employer is aware of your pregnancy.
An employer also can’t pay statutory maternity pay (SMP) until you’ve provided them with a doctor’s letter or maternity certificate (the MATB1 certificate). Proof of pregnancy should be given to your employer within 21 days of the first day you want SMP to start (more on this later).
You also need to tell your employer when you want to start your statutory maternity leave and pay.
Health and Safety Adjustments
Employers must carry out personal risk assessments for their pregnant employees. A risk assessment is a careful analysis of anything at work that could cause harm.
If it’s found that conditions are no longer safe for you or your unborn child, your employer must make “reasonable adjustments” to protect you.
For example, if your role involves manual handling, your employer will have to assign heavy lifting to someone else.
Reasonable adjustments won’t always be physical. Employers may also need to reduce your hours or allow additional movement breaks during the workday.
However, employers are only expected to make reasonable adjustments to your work. If the necessary changes are impractical or unaffordable, your employer won’t have to make them.
But don’t worry; you won’t be expected to work in unsafe conditions. Instead, you should be offered different work while pregnant, with no reduction in pay or benefits.
If no alternative role is available, your employer should suspend you on full pay until your maternity starts.
The Health and Safety Executive (HSE) offer more information on this subject. The HSE oversee occupational health and safety in Britain and can intervene if you feel your employer isn’t fulfilling their duty to keep you safe at work.
Rights for Casual Workers
Pregnant casual workers or workers on zero-hour contracts only have the right to reasonable adjustments if they’re at risk. Alternative work or paid suspension are exclusively pregnant employee rights.
Paid Time Off for Antenatal Care
You’re entitled to paid time off for all antenatal care appointments, which includes parenting classes if they’ve been recommended by a doctor or midwife.
Time off for antenatal appointments should be paid at your normal rate, and your employer can’t ask you to make up for your absence by working additional hours. However, your employer can request that you schedule appointments outside of work hours if possible.
Your partner or father of the baby is entitled to unpaid time off for up to two appointments.
Maternity Discrimination
Becoming a new mum shouldn’t derail your career.
From the start of your pregnancy up until you return to work, you’re protected from discrimination under the Equality Act 2010. During this “protected period”, you cannot be treated less favourably than others at work because of:
- Pregnancy
- Pregnancy-related illnesses (or time off to recover from a pregnancy-related illness)
- Maternity pay (taken and planned)
- Maternity leave (taken and planned)
“Less favourable treatment” covers everything from emotional distress to being fired. It can be direct or an unintended consequence of a poorly thought-out workplace policy, such as forcing pregnant employees to travel long distances to use a bathroom. Either way, it’s illegal. And protection from maternity discrimination isn’t just a pregnant employee’s right; it applies to all workers.
Maternity discrimination can still happen after the protected period ends; it just might be harder to prove the unfair treatment is linked to motherhood.
Redundancy
Pregnant employees are also protected from redundancy. If your employer makes you redundant after being informed of your pregnancy, they must offer you a suitable alternative job. This right lasts up to 18 months after the birth of your child.
Maternity Leave
You’re entitled to 52 weeks total of maternity leave from the first day of employment. This time is split between 26 weeks of ordinary maternity leave (OML) and 26 weeks of additional maternity leave (AML).
OML is the first 26 weeks of your maternity leave. If you return to work before it ends, you must be given the exact same role you had before going on leave.
AML is the second half of your maternity leave. If you take all 26 weeks, you may not return to the same role you had before. Instead, your employer can offer you an alternative position on similar terms.
You must tell your employer the date you’d like to start maternity leave before the “qualifying week” (15 weeks before the week the baby is due).
How much maternity leave you take is a personal choice, but most employers will assume you want the full 52 weeks. If you do decide to end it early, you should tell your employer at least eight weeks before your planned return date.
During maternity leave, your employer should reach out to agree on return-to-work arrangements. You’re also entitled to 10 “keep in touch” days, which let you get up to speed without ending your maternity leave or forfeiting your maternity pay.
Maternity Pay
Pregnant employees should qualify for statutory maternity pay (SMP).
SMP is the minimum you can be paid while on maternity. You’re entitled to it if:
- You’re working in the 15th week before the week your baby is due (the qualifying week)
- You worked for at least 26 weeks before the qualifying week
- Your average pay is at least £123 per week before tax
Maternity pay typically starts alongside maternity leave and is paid for up to 39 weeks. You’ll be paid 90% of your usual earnings for the first six weeks. This will continue or change to £184.03 per week (whichever is lower) for the remainder of your entitlement.
Your employer may choose to pay more than SMP while you’re on maternity; it depends on your contract.
If you don’t qualify for SMP, you may still be entitled to maternity allowance.
Maternity Pay Calculator
The government offer a maternity pay and leave calculator. You can use it to work out your exact entitlements.
New and Expectant Mothers at Work Training
If you want to learn more, our online New and Expectant Mothers at Work Training course provides comprehensive guidance on pregnant employee rights.
It covers rights during pregnancy, maternity leave and the return to work. It also explains entitlements for pay, leave and reasonable adjustments to ensure new and expectant mothers are supported, safe and treated lawfully at work.