Your Employment Rights During Pregnancy
From the moment your employer knows you are pregnant, the law is on your side. This guide covers every right you have at work — clearly, without jargon, and with the specifics you actually need.
🌿 Open WiseMama — free, evidence-basedThe Legal Foundation: When Protection Begins
Your employment rights during pregnancy are rooted in two pieces of legislation: the Equality Act 2010, which makes pregnancy and maternity a protected characteristic and prohibits discrimination; and the Employment Rights Act 1996, which sets out your specific entitlements to leave, pay, and protection from dismissal.
Your protection under the Equality Act begins from the moment your employer knows, believes, or suspects you are pregnant — not from when you formally notify them. This is the "protected period." It runs continuously until the end of your maternity leave, or — if you do not take statutory maternity leave — until two weeks after your baby's birth.
Critically: you do not need to compare yourself to a male colleague to bring a pregnancy discrimination claim. Pregnancy and maternity is a standalone protected characteristic — you simply have to show that you were treated unfavourably because of your pregnancy.
Your Rights at a Glance
Antenatal Appointments
All pregnant employees — regardless of how long they have worked for their employer, how many hours they work, or whether they are on a zero-hours contract — are entitled to paid time off for antenatal appointments recommended by a doctor, midwife, or health visitor.
There is no limit on the number of appointments covered. Your employer cannot ask you to make up the time, schedule appointments at the start or end of your working day, or take the time as annual leave. If your employer refuses to give you paid time off and you attend anyway, any detriment you suffer as a result — including being disciplined or docked pay — is unlawful.
Your partner's entitlement
The baby's father, or your partner (including same-sex partners), is entitled to unpaid time off to attend up to two antenatal appointments. They must have been employed for at least one day to qualify. You cannot be asked to prove the relationship before this entitlement is granted.
Health and Safety at Work
Once notified of your pregnancy, your employer has a legal obligation under the Management of Health and Safety at Work Regulations 1999 to carry out an individual risk assessment of your role. This must assess risks specifically related to your pregnancy — not just general workplace risks.
If risks are identified, your employer must take action in a specific order:
- First: remove or adapt the hazard — change your working conditions, hours, or duties
- Second: if that isn't possible, offer suitable alternative work at the same or no less favourable rate of pay
- Third: if no alternative exists, suspend you on full pay for as long as necessary to protect your health and that of your baby
Common risks that may require assessment include: prolonged standing, heavy lifting, exposure to chemicals or radiation, night working, excessive stress, or work in environments with a high risk of infection. Your GP or midwife can provide a letter supporting your request for an assessment if your employer is reluctant.
Maternity Leave and Pay
Maternity leave
All employees are entitled to up to 52 weeks of maternity leave — 26 weeks of Ordinary Maternity Leave followed by 26 weeks of Additional Maternity Leave. This right applies from the first day of employment, regardless of hours worked. You must take a minimum of two weeks after birth (four weeks if you work in a factory). You do not have to take the full 52 weeks.
Telling your employer
You must inform your employer of your pregnancy and intended leave start date by the 15th week before your due date (around 25 weeks pregnant). Your employer must confirm your return date in writing within 28 days. You can change your leave start date with 28 days' notice. You are not obliged to commit to a return date before going on leave — many employers ask, but there is no legal requirement to confirm one.
Statutory Maternity Pay (SMP)
SMP is available if you have been employed by the same employer for at least 26 weeks by the 15th week before your due date and earn at least £125 per week (the lower earnings limit for 2025/26).
| Period | Rate |
|---|---|
| Weeks 1–6 | 90% of your average weekly earnings — no cap |
| Weeks 7–39 | £187.18 per week (from April 2025) or 90% of earnings if lower |
| Weeks 40–52 | Unpaid (unless your employer offers contractual pay) |
SMP is paid by your employer and recovered from HMRC. It is paid regardless of whether you intend to return to work.
If you don't qualify for SMP
If you are self-employed, a worker rather than an employee, have recently changed jobs, or don't meet the earnings threshold, you may be entitled to Maternity Allowance instead — a government benefit paid directly to you for up to 39 weeks at £187.18/week (or 90% of average earnings if lower). Claim via your local Jobcentre Plus or gov.uk.
Enhanced maternity pay
Many employers offer pay above the statutory minimum — full pay for the first weeks, or a higher percentage for longer. Check your contract and staff handbook, and ask HR directly. Enhanced pay terms are frequently under-advertised and employees regularly miss out simply by not asking. If you are offered enhanced pay with a "clawback" clause (requiring you to repay if you leave within a certain period), this is lawful — read the terms carefully before signing.
Redundancy Protection — Updated April 2024
This is one of the most significant recent changes to pregnancy rights at work. Since 6 April 2024, under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, your redundancy protection has been substantially extended.
What the protection means
If your role is genuinely redundant — your employer can show there is a legitimate business reason unrelated to your pregnancy — you cannot simply be made redundant. Your employer must first offer you any suitable alternative vacancy that exists, in priority over all other employees who are not in the protected period. This applies even if other candidates are more qualified or suitable for the alternative role.
A "suitable alternative" means a role that is appropriate to your skills and circumstances, on terms and conditions that are no less favourable than your current role.
The protected period timeline
What counts as unlawful redundancy selection
- Being selected because you are pregnant or planning to take maternity leave
- Pregnancy-related absence being included in attendance scoring
- Performance being assessed in a way that penalises pregnancy-related reduced capacity
- Not being informed of alternative vacancies that were offered to non-protected colleagues
- A decision made before the protected period that was clearly influenced by knowledge of your pregnancy
Discrimination: What It Looks Like and What to Do
Pregnancy and maternity discrimination is automatically unlawful under the Equality Act 2010. You do not need to prove you were treated worse than a male colleague — only that you were treated unfavourably because of your pregnancy, a pregnancy-related illness, or your maternity leave.
Common examples
- Being passed over for promotion because you are pregnant or have recently returned from maternity leave
- Being excluded from meetings, projects, or training because of your pregnancy
- Having your role changed or downgraded on return from maternity leave
- Being disciplined for pregnancy-related absence
- Negative performance reviews that penalise pregnancy-related reduced capacity
- Being asked about pregnancy or childcare plans in a job interview
- Colleagues or managers making comments about your commitment, reliability, or suitability because of your pregnancy
What to do if you experience it
Document everything. Keep a contemporaneous record — dates, what was said or done, who was present, any witnesses. Screenshot relevant emails or messages. Do not rely on memory alone.
Before taking formal action, you can raise a grievance with your employer in writing. This creates a formal record and often resolves matters without escalation. If it doesn't, or if the treatment is serious, the next steps are:
- ACAS early conciliation — a free, confidential service that helps resolve disputes before an Employment Tribunal. You must contact ACAS before making a tribunal claim.
- Employment Tribunal — claims for pregnancy discrimination must be lodged within three months (minus one day) of the act you are complaining about. This deadline is strict.
ACAS — 0300 123 1100 · acas.org.uk — free, confidential employment advice
Maternity Action — maternityaction.org.uk — specialist advice on maternity and pregnancy rights
Equality Advisory Support Service — 0808 800 0082 — discrimination advice
Citizens Advice — citizensadvice.org.uk — general employment rights guidance
Most employment solicitors offer a free initial consultation. If you believe your rights have been breached, getting advice early — before you sign anything or attend a formal meeting — significantly improves outcomes.
Keeping in Touch (KIT) Days
You are entitled to work up to 10 Keeping in Touch (KIT) days during your maternity leave without bringing it to an end or affecting your SMP. KIT days are entirely optional — you cannot be required to work them, and you have every right to decline.
KIT days can be useful for attending training, team meetings, or project handovers, and many people use one or two to ease the transition back to work. Payment for KIT days is negotiable — you are legally entitled to at least your normal daily rate, but your employer cannot pay you less than this. Any pay received in excess of SMP for a KIT day reduces that week's SMP by the equivalent amount.
Flexible Working
Since 6 April 2024, the right to request flexible working applies from day one of employment — there is no minimum service requirement. You can make up to two flexible working requests in any 12-month period.
A flexible working request can cover: reduced hours, part-time working, compressed hours, flexitime, working from home, hybrid working, or a job share. Your employer must respond within two months (unless you both agree to extend this). They can refuse a request, but only on one of eight specific business grounds set out in the Employment Relations (Flexible Working) Act 2023.
If you are refused, you have the right to appeal. If you believe a refusal was unreasonable or related to your pregnancy or maternity leave, it may amount to discrimination.
Neonatal Care Leave — New from April 2025
From 6 April 2025, parents whose babies require neonatal hospital care in their first 28 days of life — for seven or more consecutive days — are entitled to Neonatal Care Leave of up to 12 weeks, in addition to their maternity or paternity leave.
Statutory Neonatal Care Pay is available for qualifying employees at the same flat rate as SMP. This is a day-one employment right — there is no minimum service requirement for the leave itself, though a 26-week qualifying period applies for pay.
Neonatal Care Leave can be taken at any point while the baby is receiving neonatal care, or within 68 weeks of the baby's birth. It is intended specifically to ensure parents are not forced to return to work while their newborn remains in hospital.
You are not legally required to tell your employer you are pregnant until 15 weeks before your due date — but your legal protections against discrimination begin from the moment your employer knows or suspects you are pregnant. You cannot be asked about pregnancy in a job interview, and you do not have to disclose it to a prospective employer. Many people choose to tell their employer earlier to access health and safety protections and paid antenatal appointments.
Your role can be made genuinely redundant during pregnancy, but you cannot be selected for redundancy because of your pregnancy or for any reason related to it. From 6 April 2024, if redundancy is unavoidable, your employer must offer you any suitable alternative vacancy in priority over other employees who are not in the protected period. This protection runs from the date you notify your employer of your pregnancy until 18 months after your baby's birth.
Yes — all pregnant employees are entitled to paid time off for antenatal appointments recommended by a doctor, midwife, or health visitor, regardless of how long they have worked for their employer or how many hours they work. Your employer cannot ask you to make up the time or take it as annual leave. There is no limit on the number of appointments covered. Your partner or the baby's other parent is entitled to unpaid time off to attend up to two antenatal appointments.
Statutory Maternity Pay for 2025/26 is paid for 39 weeks: the first 6 weeks at 90% of your average weekly earnings, followed by 33 weeks at the statutory flat rate of £187.18 per week (from April 2025) — or 90% of your average earnings if that is lower. SMP is available to employees who have worked for their employer for at least 26 weeks by the 15th week before their due date and earn at least £125 per week. If you do not qualify for SMP, you may be entitled to Maternity Allowance instead.
Unfair treatment because of your pregnancy is automatically unlawful under the Equality Act 2010. Keep a record of everything: dates, what was said, who was present. Contact ACAS (0300 123 1100, acas.org.uk) for free, confidential advice. Maternity Action (maternityaction.org.uk) and the Equality Advisory Support Service (0808 800 0082) also offer specialist support. Most employment solicitors offer a free initial consultation. Employment Tribunal claims must be lodged within three months of the act complained of — this deadline is strict.