You are entitled to 52 weeks (one year) off work when you have a baby. You can take up to one year off no matter how long you have worked for your employer, or how many hours you work - you just need to inform your employer that you intend to take the leave.    

There are two periods of maternity leave:
-    the first 26 weeks is known as Ordinary Maternity Leave (OML). 
-    The next 26 weeks is known as Additional Maternity Leave (AML).

When does maternity leave start?

You can decide to start maternity leave any time from the 11th week before your baby is due. It's essential to give proper notice to your employer. For more information on how to do this, go to GOV.UK - maternity leave.

If you don't give proper notice of your pregnancy, you may miss out on certain benefits.

Do you have to take maternity leave for a long-time?

You don't have to take your full maternity leave if you don't want to. But you do have to take at least 2 weeks leave immediately after giving birth, or at least 4 weeks if you work in a factory.

You usually have an automatic right to return to work after your maternity leave. 

You have to give your employer at least 8 weeks’ notice if you want to come back before your Ordinary Maternity Leave (OML) finishes - that is to say, before you have had 26 weeks leave. If your employer refuses to have you back, you could make a claim for unfair dismissal or sex discrimination. You will need to get advice on your particular situation. The Maternity Action helpline can help with this. 

Your rights when you go back to work are slightly different depending on how long you have been on maternity leave. 

If you return within 26 weeks (your Ordinary Maternity Leave), you are entitled to return to the same job. If you return after more than 26 weeks ( within your Additional Maternity Leave), you will be entitled to return to work and the same job, unless that is not reasonably practicable. For example, if there have been changes to your employer’s organisation while you were on leave, you may not be able to return to exactly the same job. If this happens, you should be offered another job which is suitable and appropriate for you on terms that are not worse than your previous role.

Paternity leave (or co-parent leave) is time off work for employees to enable them to spend time with their new baby and support the baby’s mother. 
To be entitled to paternity leave/co-parent leave you need to be:

•  the baby’s father, or
• married to, or in a civil partnership with, the mother or birth parent - this includes same sex partners.
• You must also have worked for your employer for 26 weeks before the 15th week before the baby is due. 

If you are entitled, you can choose whether you take one week or two weeks leave, and it must be taken within 52 weeks of the birth. 

Shared parental leave allows working parents to share leave to allow them to care for a new child more equally. 

Instead of taking all her maternity leave, the mother can choose to share some of her maternity leave entitlement with the other parent.

You can share up to 50 weeks leave and 37 weeks of pay between the two parents. (The birth mother – if there is one - must take at least the first two weeks after the birth off work.)

You can take time off together or separately. The leave must be taken in the child’s first year or the first year of adoption.

To be able to take shared parental leave:
•    you must have both had responsibility for the child since their birth or adoption placement. 
•    the parent taking shared parental leave (as opposed to maternity leave or adoption leave) must have worked for their employer for at least 26 weeks by the 15th week before the baby is due. 
•    the other parent must have worked (employed or self-employed) for 26 of 66 weeks leading up to the due date, earning at least £30 a week on average in 13 of those weeks. 

Statutory shared parental leave pay is paid at either 90% of average earnings or £194.32 (for 2026/27) per week, whichever is the lower. 

Your contract may entitle you to more pay than the statutory shared parental leave pay. Check your contract.  

If you take shared parental leave, your job is protected during your leave and it is illegal for your employer to treat you badly for taking it or wanting to take it. 

You must provide at least 8-weeks’ notice to your employer before starting shared parental leave.

To read more about shared parental leave and to get help working out if it is right for your situation, go to Maternity Action - shared parental leave and pay. Or Shared Parental Leave from Working Families.

If you and your partner are adopting a child or children, you have rights to time off work with your new little ones. 

You need to be an employee and to be adopting a child through an adoption agency. 

You can choose shared parental leave or you can decide with your partner who will take adoption leave and who will take paternity or co-parent leave (this includes same sex partners). 

To understand more about adoption leave and pay, go to Maternity Action - adoption leave.

Parental leave is not the same as shared parental leave. 

Parental leave is simply the right for parents to take time off to spend time with their children. This is a separate right to the rights that parents have when they have a baby or adopt. 

If you are a parent and have been working for the same employer for a year or more you can take up to 18 weeks’ parental leave for each child until their 18th birthday. But you cannot take more than 4 weeks in a year for each child (unless your employer agrees differently).

You don’t need to take the leave all at once, but you do usually have to take it in whole weeks (1 week, 2 weeks etc).You won’t usually be able to take it as individual days, unless your employer agrees or your child is disabled.

Your employment rights (like the right to holidays and returning to a job) are protected during this parental leave. However, be aware that your employer does not have to pay you while you take parental leave, unless it says they will in your contract.

You might use parental leave to spend more time with your child during their early years, to make sure your child settles into nursery care or infant school, or to support them if they are in hospital for a long period.

You can read more about unpaid parental leave on GOV.UK. 

Can I be fired for being pregnant if I'm a migrant worker?

No. In England and Wales, pregnancy and maternity are ‘protected characteristics’. This means it is illegal for your employer to sack you or treat you poorly because of your pregnancy. It is also automatically unfair dismissal to sack a woman because she is pregnant. This is true regardless of your nationality or visa status.

Do I get maternity pay on a zero-hours contract?

Being on a zero-hours contract does not automatically disqualify you. You may still be entitled to Statutory Maternity Pay (SMP) or Maternity Allowance if you meet the earnings and length of service rules. 

Do only dads get paternity leave?

No. Paternity leave can be taken by dads, second female parents, or the person married to or in a civil partnership with the mother or birth parent. This is why it has begun to be called co-parent leave. You must also have worked for your employer for 26 weeks before the 15th week before the baby is due. 

What should I do if my boss threatens my visa because I'm pregnant?

Your employer cannot legally use your immigration status to deny you maternity rights. If they have suggested that they can, you may be being exploited. Get advice. Maternity Action and Working parents both have helplines.

Can I stay in the UK on maternity leave if I have a Skilled Worker visa?

Yes. Taking statutory maternity leave or shared parental leave does not usually affect your right to stay in the UK or your future application for Indefinite Leave to Remain (ILR).

Can my boss stop me from going to pregnancy scans?

No. You are entitled to paid time off for all medical appointments related to your pregnancy.

Do you have to tell people you are pregnant if you are applying for a job?

No. You don't have to tell a possible new employer that you're pregnant. The fact that you are pregnant, or are planning to have children should have nothing to do with whether you get the job. If they ask you questions about pregnancy or children during an interview it may be unlawful sex or pregnancy discrimination. 

Disclaimer

The information in this guide applies to England and Wales only. The law may be different if you live in Scotland or Northern Ireland.

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements 

This guide was produced by Advicenow. We would like to thank everyone who has commented or helped with the guide including editorial teams at Thomson Reuters who kindly reviewed this updated version.

This guide was updated thanks to funding from the Ministry of Justice under the Online Support and Advice Grant.