Ordinary maternity leave (OML)
Ordinary Maternity Leave (OML)
- 26 weeks’ leave for all employees
- right to return to same job
It is 26 weeks’ leave from work for all employees. It doesn't matter how long you've worked for your employer or how many hours a week you work. You must give your employer the correct notice.
Who gets it?
It doesn’t matter how many hours you work or how long you have worked for your employer, you will still be entitled to OML.
All women employees are entitled to OML. You are usually an employee if the following arrangements exist at your work:
- your employer deducts tax and National Insurance from your pay
- your employer controls the work you do, when and how you do it
- your employer provides all the equipment for your work.
When can I start it?
The earliest you can start your ordinary maternity leave is 11 weeks before the expected week of childbirth. This is when you are about 29 weeks pregnant, but you have to use the due date on your MAT B1 certificate which your midwife or GP will give you. Find the Sunday before your baby is due (or the due date if it is a Sunday) and count back 11 Sundays from there. It is for you to decide when you want to stop work. You can even work right up until the date the baby is due, unless:
- You have a pregnancy-related illness/absence in the last four weeks of your pregnancy. In this case your employer can start your maternity leave even if you are absent for only one day. However, if you are ill only for a short time your employer may agree to let you start your maternity leave when you had planned.
- Your baby is born before the day you were planning to start your leave. In this case, leave will start on the day of birth.
What will I get while I’m away?
During OML your contractual rights (i.e. any special rights that apply to your particular workplace, such as a company car or pension) continue as if you were still at work, apart from your normal pay.
You may be able to get Statutory Maternity Pay or Maternity Allowance while you are away. Some employers also offer extra maternity pay: you need to check your contract, or ask the human resources department or your union representative.
Your statutory rights (i.e. rights that apply by law to all employees in this country, such as holiday) will also continue as if you were still at work.
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 you are entitled to
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