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Parents

Taking your maternity leave

If you are entitled to take maternity leave, there are steps you need to follow to tell your employer you want to take it. There are also rules about when you can start your leave and how long you must take.

Telling your employer

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:

  • you're pregnant
  • when the baby's due
  • when you want to start your maternity leave (you can change the date later, if you give 28 days' notice)

Your employer might ask for notice in writing. They may also ask for a copy of Form MAT B1, the maternity certificate, which says when the baby's due. Your doctor or midwife will give you a copy of the MAT B1 form after you've been pregnant for 21 weeks, they cannot give this to you any earlier.

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:

  • stillborn after 24 weeks of pregnancy
  • born alive at any point of the pregnancy

Where to get help

If you're treated less favourably because of your pregnancy or for taking maternity leave, this may be unlawful sex discrimination. If you are being denied your rights, talk to your employer first of all or an employee representative - for example a trade union official.

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

For more information on where to get help with employment issues visit the employment contacts page. If you are a member of a trade union they can also provide you with advice or support.

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