Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
Entitlement to ordinary and additional maternity leave
Commencement of maternity leave
Application of terms and conditions during maternity leave
Right to return to work after maternity leave
Early return to work
Work during the maternity leave period
Compulsory maternity leave
Redundancy during maternity leave
Unfair dismissal
Written statement of reasons for dismissal
Detrimental treatment
Engagement and dismissal of a replacement employee
Requests to return part time
Contractual maternity rights
Other statutory rights

Summary

3.922

• Regardless of her length of service, every pregnant employee has the right to take 26 weeks' ordinary maternity leave, followed immediately by 26 weeks' additional maternity leave. (See 3.924 Entitlement to ordinary and additional maternity leave)
• The extent of the application of terms and conditions during maternity leave is, for an employee who had an expected week of childbirth prior to 5 October 2008, dependent on whether she is on ordinary or additional maternity leave. (See 3.926 Application of terms and conditions during maternity leave)
• Where agreed between the employer and employee, an employee can carry out up to 10 days' work for her employer during her statutory maternity leave period without bringing her maternity leave to an end. (See 3.929 Work during the maternity leave period)
• An employee returning to work after a period of maternity leave has the right to do so to the job she occupied immediately before her maternity leave began or, in prescribed circumstances, to a suitable alternative job on terms and conditions no less favourable than those of her original job. (See 3.927 Right to return to work after maternity leave)
• Pregnant employees have the right to be permitted a reasonable amount of paid time off work for antenatal care. (See 3.938 Other statutory rights)
• An employee who is dismissed, for whatever reason, during her pregnancy or while absent on maternity leave must be supplied with a written statement explaining the reasons for her dismissal. (See 3.933 Written statement of reasons for dismissal)

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Future developments

3.923 Revision of the Pregnant Workers Directive: In October 2008, the European Commission published proposals for a revision of the Pregnant Workers Directive (92/85/EEC) (on the Europa website). Under the proposals, the minimum period of leave would increase from 14 weeks to 18 weeks.