Maternity and Paternity Rights
Claims

• Not to be dismissed re pregnancy/childbirth
  Such dismissals are deemed automatically unfair.
• Right to maternity leave
  Employees are entitled to 26 weeks maternity leave as part of their maternity rights (known as ‘ordinary maternity leave’ (OML)), regardless of how long they have worked for the employer (continuous employment will include the period of maternity leave). They can take a further 26 weeks of additional maternity leave (AML), again regardless of length of service. It is the employee’s choice as to when maternity leave begins, but it cannot start before the 11th week prior to the anticipated week of birth. If the baby is born before the date chosen for maternity leave to begin, maternity leave starts automatically on the day after the birth. Maternity leave also starts automatically if the employee is absent from work wholly or partly because of pregnancy-related illness during the fourth week before the expected week of childbirth. The employee must notify the employer no later than the end of the 15th week before the expected week of childbirth of the fact that they are pregnant, the expected week of childbirth, and the date on which they intend their maternity leave to start, unless this is not reasonably practicable (for example, where the birth is premature). They may return to work before the expiry of their full maternity leave entitlement provided they give at least 8 weeks’ notice.
• Right to return to work post maternity absence
  As part of their maternity rights, the employee has a statutory right to return to the same job they had prior to maternity leave on the same terms and conditions as before where they return after OML. After AML, the employee is entitled to return to the same job unless this is not reasonably practicable, in which case they must be offered suitable alternative employment on terms and conditions no less favourable than before. Where a redundancy situation arises, employees who are pregnant (from the point they notify their employer of the pregnancy), on maternity leave, or within 18 months of the child’s birth must be offered any suitable available alternative vacancy in priority to other at-risk employees, meaning that where such a vacancy exists it must be offered to them without competitive interview or selection against other candidates. Finally, as with any other employee, employees returning from maternity leave may make a request for flexible working, which the employer is under an obligation to consult on and consider reasonably.
• Right to maternity pay
  Employees must have 26 weeks continuous service up to and including at least one day during the 15th week prior to the anticipated week of the birth and average earnings of at least £129.00 per week to qualify for statutory maternity pay (SMP). Those who qualify are entitled to receive it for 39 weeks: the first 6 weeks are paid at 90% of their average gross weekly earnings, followed by 33 weeks at the lower of £194.32 per week or 90% of their average gross weekly earnings. Where the employee earns less than £129.00 per week on average, but was employed for 26 of the 66 previous weeks earning at least £30 per week (averaged over any 13 week period during the said 66 weeks), then they are entitled to maternity allowance for 39 weeks of the smaller of £194.32 or 90 per cent of their average gross weekly earnings per week.
• Right to alternative work during maternity suspension
  Where there are risks to pregnant employees which cannot be avoided and there is no suitable alternative work available for them, those employees must be suspended on full pay for as long as necessary to protect their health and safety. If the employee unreasonably refuses suitable alternative work, they lose their entitlement to pay during suspension. Where suitable alternative employment is available but not offered, the employee may bring a tribunal complaint.
• Time-off for ante-natal care and neonatal care leave and pay
  Another key feature of maternity rights is that employers are under a legal obligation to allow pregnant employees paid time off for ante-natal care, including appointments recommended by a registered medical practitioner, registered midwife or registered nurse. In addition, where a baby requires neonatal care within the first 28 days after birth for a continuous period of at least 7 days, eligible employees may also be entitled to up to 12 weeks’ statutory neonatal care leave in addition to maternity leave, together with statutory neonatal care pay where the qualifying conditions are met.

Paternity Leave

Fathers (or those married to or the partner (including same sex partner) of the mother) are entitled to paternity leave should they have responsibility for the child’s upbringing. From 6 April 2026, paternity leave is a day one right and there is no minimum service requirement to qualify for leave, although employees must still have 26 weeks continuous service by the 15th week before the expected week of childbirth (the qualifying week) in order to qualify for statutory paternity pay, subject to the usual early birth protection where the baby is born before that qualifying week (they retain the right even if the baby dies or is stillborn after 24 weeks of pregnancy). They have a right to 1 week or 2 consecutive weeks leave, or to split the leave into two blocks of 1 week each (under the statutory paternity leave entitlement). The leave can be taken during the first year after birth or anticipated week of birth should the baby have been born prematurely. The employee must give notice of the fact of the pregnancy, the anticipated week of birth, and the intended leave dates; for babies due before 26 July 2026, newly eligible employees need only give 28 days’ notice of the due date, whereas for babies due on or after 26 July 2026 the standard notice deadline remains the 15th week before the expected week of childbirth, although notice of the specific leave dates remains 28 days unless this is not reasonably practicable (e.g. the birth is premature).

The father is also entitled to take Shared Parental Leave (SPL), which allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay between them, provided that the mother or adopter has curtailed their maternity or adoption leave and pay entitlement and the relevant eligibility requirements are satisfied.

The employee is entitled to return to the same job on the same terms as before. Nevertheless, should the employee have taken further consecutive statutory leave such as SPL, should it not be reasonably practicable for them to return to the same job, then the employer must provide them with appropriate alternative employment on terms not less favourable than before. With respect to statutory paternity pay, should their average gross weekly earnings have been £129.00 or more, then they are entitled to statutory paternity pay of the smaller of £194.32 per week or 90 per cent of their average weekly earnings per week. In relation to Shared Parental Pay, it is payable only where the mother or adopter has curtailed their entitlement to Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay, and the total amount payable between both parents cannot exceed 37 weeks.

From 6 April 2026, where the mother or primary adopter dies within the first year of the child’s life or placement, a bereaved father or partner is entitled to Bereaved Partner’s Paternity Leave (BPPL), which is a day one right allowing up to 52 weeks of unpaid leave. Under the Bereaved Partner’s Paternity Leave Regulations 2026, the notice requirements are flexible: where leave begins within 8 weeks of the death, notice may be given orally and the leave may begin immediately, provided written confirmation is supplied within 8 weeks of the death.

Paternity leave may also be taken after a period of Shared Parental Leave. Paternity leave is also entitled to be taken by an employee where they are married to or the partner of the adopter of a child.