Maternity rights - working and pregnant
New rights to maternity leave and pay apply if your baby is due on or after 1 April 2007, it doesn't matter when your baby is actually born. This factsheet sets out the rights that apply to babies due before and after 1 April 2007
Most of the rights in this factsheet apply to employees. If you are self employed or an agency worker please see our factsheet on atypical workers.
Always check your contract of employment as it may offer you better rights than the law. Your contract can offer you better, but not worse, rights than the statutory minimum.
Maternity Leave
For babies due before 1 April 2007
If you are an employee you are entitled to 26 weeks of Ordinary Maternity Leave (OML), regardless of your length of service or the number of hours you work, providing you give the correct notice, see Notice below. If you have worked for your employer for 26 weeks by the 15 th week before your baby is due you are entitled to a further 26 weeks of Additional Maternity Leave (AML).
For babies due on or after 1 April 2007
If you are an employee you are entitled to 52 weeks maternity leave, regardless of length of service or the number of hours you work, providing you give the correct notice, see Notice below. Your maternity leave will still be divided into 26 weeks OML and 26 weeks AML and your rights will still be different during each period of leave, see our factsheet Rights during Maternity Leave, with different rights to return to work depending on whether you return after OML or AML, see our factsheet After Maternity Leave.
How to work out your weeks
Weeks for the purposes of maternity leave and pay always start on a Sunday. The 'Expected Week of Childbirth' (EWC) is the week in which your baby is due, according to the MATB1 form which you can get from your midwife or GP once you are at least 20 weeks pregnant. To find the 15 th week before the EWC, find the Sunday before the due date (unless your baby is due on a Sunday, in which case use the due date), and count back 15 weeks.
HM Revenue and Customs produces a Help Book for employers with tables of dates to help work out whether you qualify for maternity leave and pay. Your employer can order the Help Book and get help with paying and reclaiming SMP from the Employers Helpline on 08457 143 143.
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