Maternity leave rights can feel like a legal minefield for many employers. But handled correctly, they don’t have to be. In my experience advising UK businesses, I’ve seen how a clear understanding of your responsibilities helps avoid stress, disputes and tribunal claims.
Who Qualifies for Maternity Leave Rights?
All employees, regardless of how long they’ve worked for you, are entitled to 52 weeks of maternity leave. That’s split into 26 weeks of Ordinary Maternity Leave (OML) and 26 weeks of Additional Maternity Leave (AML).
It’s important to note that qualifying for leave and qualifying for maternity pay are not the same. Eligibility for Statutory Maternity Pay (SMP) depends on length of service and earnings. But leave entitlement applies from day one of employment.
In practical terms, this means even very new staff are protected by maternity leave rights. Overlooking that has landed some employers in hot water.
What Notice Must the Employee Give?
Employees should tell you they’re pregnant and give an expected week of childbirth no later than the end of the 15th week before the baby is due. They also need to give you at least 28 days’ notice before going on leave.
In reality, most employees let you know much earlier. But where they don’t, the law doesn’t require it to be convenient. That said, if they fail to give proper notice, they may lose some rights to SMP but not the leave itself.
Maternity Leave Rights During Absence
While on maternity leave, your employee remains employed. They continue to build up holiday entitlement and they’re entitled to return to the same job or a similar one if they take the full 52 weeks.
You must not contact them constantly, but a sensible balance is usually best. Most employees appreciate a respectful line of communication, especially if they’ve opted in for up to 10 ‘Keeping In Touch’ days.
One client of mine kept sending rotas and internal memos to a woman on maternity leave. It wasn’t malicious, but it made her feel pressured to work. That ended up in a formal grievance. A simple check-in phone call every month or two would’ve avoided it.
Can You Refuse to Allow Return to Work?
The short answer is no, not without risk. If your employee returns within the 26 weeks of OML, they’re entitled to the exact same job. After AML, you can offer a suitable alternative but only if the original role no longer exists or a genuine restructure has occurred.
Employers sometimes assume they can terminate employment if business needs have changed. That may suggest discrimination unless the change is well documented and clearly unrelated to the leave.
Be especially careful during redundancies. The employee on maternity leave must be offered any suitable vacancy first, even ahead of others at risk. Failure to do this catches people out more often than you’d think.
Pay, Bonuses, and Benefits
During maternity leave, your employee is entitled to:
- Statutory Maternity Pay for up to 39 weeks (if eligible)
- Any contractual pay or enhanced package you’ve offered
- All other non-pay benefits such as company car, health insurance or childcare vouchers
Bonuses can be tricky. If a bonus is performance-related and covers a period they weren’t actively working, you may have flexibility. But if it’s an annual discretionary bonus or loyalty-based, excluding them might amount to discrimination. It’s often worth checking with a solicitor before making that call.
Handling Small Business Challenges with Maternity Leave Rights
As someone who’s worked with dozens of small business owners, I understand the pressure. Covering a long period of leave can be difficult, especially with a small team. But taking shortcuts on maternity leave rights rarely ends well.
I’ve seen employers spend thousands defending claims that could’ve been avoided with a single phone call for advice. Employment law can be unforgiving, but it’s not designed to trap good employers. It’s there to protect working families, which most of us support in principle.
The key is planning. If you anticipate maternity leave, think early about resourcing, record-keeping and return-to-work options. Keep your paperwork up to date and your conversations human. That approach works best, in my view, whether you’re running a cafe or a consultancy.
Further Guidance for Employers
For more help managing workplace rights and responsibilities, you may find the following pages useful: