What am I entitled to during maternity leave?
You are still entitled to your statutory rights (i.e. rights that apply by law to all employees in this country) throughout your maternity leave. For example, everyone has a legal right to 28 days paid annual leave whether they are on maternity leave or not. Also your employer must not discriminate against you by failing to consider you for opportunities such as promotion or a pay rise.

The following rights continue during OML and AML:

• the notice period in your contract of employment will still apply (if either you or your employer wish to terminate your employment)
• you will be entitled to redundancy pay (after two years? service)
• disciplinary and grievance procedures will apply
• if your contract has a section which states that you must not work for any other company, this will still apply.

Your contractual rights (i.e. terms and conditions, such as a company car or paid holidays) also continue throughout your maternity leave, apart from your normal pay. During the first 39 weeks of your leave you will probably be entitled to SMP or MA (see Money link). After that your leave will usually be unpaid. Some employers offer extra maternity pay, so check your contract or ask the human resources department or your union representative.

If you are made redundant whilst on maternity leave, your employer must offer you any suitable alternative work that is available. If there is none, they must pay you any notice and redundancy pay that you are entitled to.

Returning to work
Do I have to give notice of my return from maternity leave?
You do not need to give any notice of return if you are going back to work at the end of maternity leave. You simply go to work on the day that you are due back.

You are entitled to 52 weeks' maternity leave, so your employer should expect you back the day after the 52 weeks are up. If you want to return to work before the end of your maternity leave, you must give your employer at least 8 weeks' notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.

Note: if you only wish to take OML you must give 8 weeks notice of your return as you are in fact returning early. The law does not allow you to work for two weeks after childbirth and this period is known as Compulsory Maternity Leave. You will not be allowed to return to work during this time.

What happens when I go back?
When you go back to work after OML, you have the right to return to exactly the same job. When you go back to work after AML, you also have the right to return to exactly the same job. But, if your employer can show that it is not reasonably practicable for you to return to the same job, for example, because the job no longer exists, you have the right to be offered a suitable alternative job on very similar terms and conditions.

What happens if I need more time off work?
You cannot stay off work after your maternity leave has ended as you will lose your right to return to work if you do not go back at the end of OML or AML. If you need more time off you could:

• ask your employer if you can take annual leave immediately after your maternity leave. Note that paid holiday continues to accrue during maternity leave so you may have some holiday owing to you.
• Ask your employer if they will agree to a further period off work. You should ask your employer to confirm this agreement in writing and to confirm that you will have the right to return to the same job.
• Take some Parental Leave at the end of your maternity leave. For more information, please see our factsheet Time off working for parents. Note that you must give 21 days notice to take parental leave and it is usually unpaid unless your employer offers paid parental leave.
• If you cannot return because you are ill you can take sick leave as long as you follow your employer?s sickness procedures.

What should I do if I do not want to go back to work?
You should resign in the normal way, giving the notice required by your contract or the notice period that is normally given in your workplace. If you do not have a contract or nothing has been said you should give a week's notice. You do NOT have to repay any of the SMP you received.

What happens if I say I want to return to work and I change my mind?
Many women find it impossible to know before the birth how they will feel afterwards, so it is always a good idea to say you are coming back in order to keep your options open. If you decide later not to return you can resign from your job in the normal way. Your notice period can run at the same time as your maternity leave.

Can I go back part-time?
You have the right to ask for part-time or flexible hours and your employer has a duty to seriously consider your request. Your employer must have a good business reason for refusing. If you or your partner want to work part-time or to change your hours, please see Child-friendly working hours.

My maternity leave ends soon and I?m pregnant again. What rights will I have?
Maternity leave does not break your continuity of employment, so your right to maternity leave for this baby will be based on your total service with your employer. You may also qualify for SMP as long as you meet the normal conditions. However, this will mean you will have to be receiving more than the weekly lower earning limit from your employer in approximately weeks 18-26 of your pregnancy when SMP entitlement is calculated (see Money).

If you have already taken OML and AML (a year off) you will be entitled to a second period of OML and AML. However, if you go straight onto another period of OML without physically returning to work and decide to return to work after the second period of OML, you will not have the right to return to exactly the same job as you normally would at the end of OML. However, you will have the same rights as you would have had at the end of AML, which is the right to return to the same job or, if that is not reasonably practicable, a suitable alternative job on similar terms and conditions.

If you return to work after the end of your first period of AML and before the start of your second period of OML - even if you only return for one day - your rights are not affected and you would have the right to return to exactly the same job after OML (see Return to work section).

Other rights These rights apply no matter how long you have been employed or how many hours you work per week.

Paid time off for antenatal care
If you are an employee, you have the right to take reasonable time off for your antenatal appointments, including time needed to travel to your clinic or GP, without loss of pay. You should let your employer know when you need time off.

For appointments after the first one, your employer can ask to see your appointment card and a certificate stating that you are pregnant. Antenatal care can include parentcraft and relaxation classes. You may need a letter to show your employer from your GP or midwife, saying that these classes are part of your antenatal care.

Health and safety rights
If you are pregnant, have recently given birth or are breastfeeding, your employer must make sure that the kind of work you do and your working conditions will not put your health or your baby's health at risk. To get the full benefit of this legal protection you must notify your employer in writing that you are pregnant or have recently given birth or are breastfeeding.

Your employer must:

• Carry out a risk assessment at your workplace and do all that is reasonable to remove or reduce the risks found.
• If there are still risks, your employer must alter your working conditions or hours of work to remove the risk.
• If this is not possible or would not avoid the risk, your employer must offer you a suitable alternative job.
• If this is not possible your employer must suspend you on full pay for as long as is necessary to avoid the risks.

If you do night work and your doctor advises that you should stop for health and safety reasons, you have the right to transfer to day work or, if that is not possible, to be suspended on full pay. You must provide a medical certificate.

Breastfeeding
There is some legal protection under health and safety and sex discrimination laws for breastfeeding mothers at work.

Dismissal or unfair treatment
It is against the law for your employer to treat you unfairly, dismiss you or select you for redundancy for any reason connected with pregnancy, childbirth or maternity leave.

If you are dismissed while you are pregnant or during your maternity leave, your employer must give you a written statement of the reasons why. If you are making a claim against your employer, you must put your claim into the Employment Tribunal within three months. You may also have a claim for compensation for sex discrimination.

Redundancy
If you are made redundant because you are pregnant or taking maternity leave, you may have a claim for unfair dismissal and sex discrimination.

If you are made redundant during maternity leave you have the right to be offered any suitable alternative vacancy before it is offered to any other employees. This special protection is provided by Reg 10 of the Maternity and Parental Leave etc Regulations 1999. You do not have to go for interview of assessment procedures if you are on maternity leave and there is a suitable alternative vacancy.

Paternity leave
Fathers and partners have the legal right to take two weeks off at the birth if s/he has worked for his/her employer for long enough. Fathers and partners who qualify for paternity leave may also be able to claim Statutory Paternity Pay from their employer. This is paid for two weeks.

The right to paternity leave applies to the baby's biological father or the mother's partner (including a same sex partner). For more information, see Time off for working parents.

Parental leave and time off for dependants
Parents are entitled to take up to 13 weeks unpaid leave per parent per child, up until the child's 5th birthday. Parents are also entitled to unpaid leave to care for a dependant who falls ill, gives birth or is injured. The leave can also be used if there is a sudden problem with arrangements for care of the dependant (e.g. if your childminder falls ill). For more information, see Time off for working parents.

Parental leave is also available for parents who adopt a child.

Benefits
All pregnant women and new mothers are entitled to free prescriptions, free NHS dental care and the Health in Pregnancy grant. Once your baby is born you will also be entitled to claim Child Benefit, ask your Health Visitor for the claim form.

If you are on a low income you may be able to get more help. For more information about the benefits you could claim, see Money for Parents and Babies.

Sickness
You are protected from unfair dismissal and sex discrimination if you are off sick during pregnancy, maternity leave and on return to work. Any pregnancy-related sickness absence must be recorded separately and should not be included in your total sickness absence for disciplinary or redundancy purposes.

Job interviews
If you go for an interview during pregnancy, you do not have to tell the employer that you are pregnant, especially if you feel it is too early to tell anyone. The fact that you are pregnant should not have any bearing on whether you are the right person for the job and it is sex discrimination to refuse to employ a woman because she is pregnant.

Note: if you are changing jobs during your pregnancy, you will not qualify for SMP but you may be able to claim Maternity Allowance instead.

Where to go for more help

Directgov
The government's online information resource

ACAS
For advice on employment rights or arbitration services
Helpline: 08457 47 47 47

Equalities and Human Rights Commission (EHRC)
For information and advice about discrimination law
Helpline: 0845 604 6610

Citizens' Advice
For information about your rights and to find details of local advice bureau