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This fact sheet will give you some basic information about maternity rights. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• When do I have to tell my employer I am pregnant?
• How much maternity leave can I get?
• Is my maternity leave paid?
• How much is statutory maternity pay?
• When do I get statutory maternity pay?
• What if I can't get statutory maternity pay?
• Do I have a right to antenatal care?
• How does my employer protect my health and safety?
• Can I still come into work during my maternity leave?
• Do I have to give notice before I come back to work?
• What happens when I return to work?
• Can I work fewer hours?
• What if I don't want to go back to work?
• What if I believe I've been treated unfairly?

When do I have to tell my employer I am pregnant?

You must tell your employer you are pregnant when you notify them of the date you intend to start your maternity leave, but you do not have to tell them before this. You must tell them when you intend to start your maternity leave 15 weeks before your baby is due, that is when you are about six months pregnant. This is called the "qualifying week".

However, you should probably tell your employer before this to help protect you from pregnancy-related discrimination. Your employer will also have to take steps to protect your and your baby's health and safety.

How much maternity leave can I get?

You have a right to 12 months maternity leave. It doesn't matter how many hours you work or how long you have worked for your employer.

You have a right to 12 months maternity leave. It doesn't matter how many hours you work or how long you have worked for your employer.

Ordinary maternity leave lasts for 26 weeks. The earliest it can start is 11 weeks before your baby is due. It starts automatically if you are off work because of your pregnancy in the four weeks before your due date.

Additional maternity leave lasts for 26 weeks from the end of your ordinary maternity leave. The difference is that your contractual benefits continue during ordinary maternity leave, but not during additional maternity leave.

If you want more time off, you can use annual leave or request unpaid parental leave.

If your maternity leave crosses over two holiday years, you should take your annual leave before your maternity leave or check you can carry it over, otherwise you might lose it.

Is my maternity leave paid?

You can get statutory maternity pay if you have worked for your employer for 26 weeks by the qualifying week and you earn over £90.00 per week. A rough test is "did I work for my employer when I became pregnant" If yes, you should get statutory maternity pay.

If you leave employment after the qualifying date, whether you resign or are dismissed, you should still get statutory maternity pay. Many employers aren't aware of this.

How much is statutory maternity pay?

It is based on your earnings in the eight weeks before the qualifying week.

For the first six weeks you get 90 per cent of your average pay and after that you will get the basic rate (£117.18 per week) for 33 weeks (or 90 per cent of your average pay if it's less than this). So if you take the full 12 months off, nine months will be paid. Your employer claims all or most of this money back from the state.

When do I get statutory maternity pay?

It should start from the first day of your maternity leave. The earliest date it can start is from the 11th week before your baby is due. The latest is from the day after birth. There are some exceptions, for example, if your baby is born before the start of the 11th week. You must give your employer at least 28 days' notice of when you want your statutory maternity pay to start.

What if I can't get statutory maternity pay?

During your pregnancy, if you have changed jobs, been unemployed, on low wages or self-employed, you can claim maternity allowance. At the moment this is £117.18 per week for 39 weeks (or 90 per cent of your average pay if it's less than this).

If you can't get maternity allowance, you may still be entitled to other benefits. You should contact your local Jobcentre Plus for more information.

Do I have a right to antenatal care?

If you are an employee, you are entitled to paid time off work for antenatal care. You have this right, whatever hours you work and however recently you started your job.

Your employer can ask you to avoid making appointments during the working day. But if this isn't possible, they can't refuse to let you attend unless they have a good reason.

There is no legal definition of antenatal care. It can include parentcraft and relaxation classes if you have a letter from your GP, midwife or health visitor saying they are part of your antenatal care.

How does my employer protect my health and safety?

Once you've told your employer you're pregnant, they have to carry out a risk assessment and take action to remove any risks. This could include changing your working hours or offering you an alternative role. If this isn't possible, you should be sent home on full pay until the risk is removed.

Can I still come into work during my maternity leave?

You can work up to ten days during your maternity leave without bringing it to an end or losing any maternity pay. These are called 'keeping in touch' days and let you go in to work to keep up with what's going on. You and your employer should agree when to take them, but you can't take them in the two weeks immediately after your child is born.

Your employer can also make "reasonable contact" with you while you are on maternity leave.

Do I have to give notice before I come back to work?

You don't have to notify your employer that you are returning from maternity leave - they should assume you are taking the full 12 months.

But you must give 28 days notice if you plan to come back before the end of your ordinary maternity leave - that is the first 26 weeks.

If you want to come back to work during your additional maternity leave - that is the second 26 weeks - you must give at least eight weeks' notice.

What happens when I return to work?

When you return from ordinary maternity leave (that is, the first 26 weeks) you are entitled to go back to exactly the same job.

When you return from additional maternity leave (that is, the second 26 weeks), you are entitled to go back to the same job if at all possible. If not, you can be offered a suitable alternative with terms and conditions that are at least as good.

Your employer has to carry out a risk assessment on your return to work. There is more information about this in the fact sheet on health and safety rights for pregnant and breastfeeding women.

Can I work fewer hours?

If you have been in your job for 26 weeks, you can ask for part-time, reduced or flexible hours and your employer has to consider your request - although they can refuse it. There is a specific procedure for this that can take time, so you should make your application as soon as possible after the birth of your child.

There is a separate fact sheet about this issue on Your Legal Rights.

What if I don't want to go back to work?

If you don't want to go back to work after your maternity leave, you must give the notice set out in your contract. Ideally, you should give notice that coincides with the end of your maternity leave. This is to ensure you get your maximum entitlements.

You should be paid in lieu for any holiday you haven't taken, including any built up during your maternity leave. You do not have to repay your statutory maternity pay. But some employment contracts can require you to repay all or part of any enhanced maternity pay.

What if I believe I've been treated unfairly?

This area of the law is complicated. You should get legal advice as soon as possible if you are having any difficulties with your employer while you are pregnant, on maternity leave or on returning to work. This could be, for example, ignoring your health and safety, suggesting you are redundant while on maternity leave or refusing to consider your request for flexible working.