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Telling your employer that you want to take maternity leave

Tell your employer at least 15 weeks before the beginning of the week your baby's due. If this isn't possible (eg because you didn't realise you were pregnant), tell them as soon as possible. You need to say:

Your employer might ask for notice in writing. They may also ask for a copy of Form MAT B1, which your doctor or midwife will give you. This says when the baby's due.

Once you've told your employer that you want to take maternity leave, they should write to you within 28 days, telling you the date when your leave will end.

Taking your maternity leave

When you can start your leave

You can start your leave any time from 11 weeks before the beginning of the week when your baby's due. If you're off work because of your pregnancy in the four weeks before the expected birth date, your employer can make you start your maternity leave.

Do you have to take all of your leave?

You needn't take all of your maternity leave, but you must take two weeks (or four weeks if you work in a factory) of 'compulsory maternity leave' after your baby's born.

What happens if you lose your baby?

Provided you meet all the other conditions, you can still take maternity leave if your child is:

If you're treated unfairly

If you're treated less favourably because of your pregnancy or for taking maternity leave, it may amount to unlawful sex discrimination.

• Sex discrimination - read more (employment section)

Redundancy and maternity leave

If your employer makes people redundant, they can't use pregnancy as a reason to select you for redundancy over similar employees. If you are being made redundant during your maternity leave you must be offered a suitable alternative job if there is one.

• More about redundancy (employment section)

During your maternity leave

Your terms and conditions during maternity leave

While you're on ordinary maternity leave, you keep your normal employment rights and benefits (apart from wages). If you take additional maternity leave, some contractual rights and benefits (eg pension contributions) can be suspended, although your statutory rights continue.

What happens to your holiday entitlement when you're on maternity leave?

You'll still build up all your entitlements to paid holiday during ordinary maternity leave. However, unless your contract says differently, you'll accrue only the statutory minimum (4.8 weeks or 24 days for those working full-time) holiday entitlement during additional maternity leave.

You can add holiday to the beginning or end of your leave. You may not be able to carry over untaken holiday entitlement if your maternity leave goes over two holiday years, so it's often best to take this at the beginning of your leave.

• More about holiday rights (employment section)

Keeping in touch

During your leave it is often helpful to keep in touch with your employer. Your employer is entitled to make reasonable contact with you during maternity leave.  This might be to discuss such things as arrangements for your return to work, or to update you on any significant changes in the workplace while you've been away.

Your maternity leave and pay will normally come to an end when you return to work. However, if the week your baby is expected to be born starts on or after 1 April 2007, you are entitled to do up to ten days work during your maternity leave without losing maternity pay or bringing your leave to an end.

These 'keeping in touch days' may only be worked if both you and your employer agree. Although particularly useful for things such as training or team events, they may be used for any form of work and should make it easier to return to work after your leave. You will need to agree with your employer what work is to be done on Keeping in Touch Days and how much pay you will receive.

Becoming pregnant again during maternity leave

If you become pregnant again during maternity leave, you have the right to further ordinary and additional maternity leave.

• Pregnancy at work - find out more
• Find out more about other rights to time off for new parents

What to do if you have problems

If you are being denied your rights, talk to your employer first of all. If you have an employee representative (eg a trade union official), they may be able to help.

If this doesn't work, you may need to make a complaint using your employer's internal grievance procedure.

If you're still unhappy, you can make a complaint to an Employment Tribunal.

• More about solving disputes at work (employment section)

Maternity leave: find out more

• Maternity leave: introduction

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

• Acas (opens new window)

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

• Labour Relations Agency (opens new window)

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau (opens new window)

If you're a member of a trade union you can get help, advice and support from them.

• Introduction to trade unions