Maternity, paternity and adoption - an overview

When an employee is pregnant

It is unlawful to treat women less favourably on the grounds of pregnancy or maternity leave. You have to make it clear to employees that it could be unlawful if they act in a way that could be offensive to another person, violate their dignity or create a hostile environment.

See our guide on how to prevent discrimination and value diversity.

All pregnant employees - regardless of length of service or the hours they work - are entitled to:

• paid time off for ante-natal care
• normal sick pay rights for pregnancy-related sickness
• at least 26 weeks' maternity leave - Ordinary Maternity Leave

All pregnant employees and those on Ordinary Maternity Leave are entitled to:

• their normal contractual benefits, eg accrual of contractual holiday entitlement
• the right to return to the same job

Additional Maternity Leave

Some mothers qualify for Additional Maternity Leave as well as Ordinary Maternity Leave.

To qualify they must have at least 26 weeks' service (full or part-time) by the end of the 15th week (the qualifying week) before the Expected Week of Childbirth (EWC).

Women with this service can take up to another 26 weeks' leave, starting at the end of Ordinary Maternity Leave. Additional Maternity Leave is unpaid.

A woman who has taken additional maternity leave has the right to return to the same job, or if that is not reasonably practical, to a similar job.

Subjects covered in this guide

• Introduction
• When an employee is pregnant
• Health and safety of new and expectant mothers
• Maternity pay
• Returning to work after maternity leave
• Paternity pay
• Adoption pay
• Maternity, paternity and adoption leave
• Parental leave
• Time off for dependants
• Family-friendly ways of working

 Print This Page

Source - Business Link; Crown Copyright.