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Maternity leave

A guide to statutory maternity leave, setting out employee entitlements, employer obligations and protections for pregnant employees and new mothers.

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By Jo Broadbent | Brightmine editor: Laura Merrylees

This guide explains the statutory entitlement for pregnant employees and mothers to take up to 52 weeks’ maternity leave following the birth of a child.

Sign up today to get:

  • Right to maternity leave
  • Notice of intention to take maternity leave
  • Employer’s response to notification
  • Cancelling or varying maternity leave start date
  • Stillbirths and pregnancy loss
  • Commencement of maternity leave
    • Premature births
    • Pregnancy-related illness or suspension
  • Compulsory maternity leave
  • Keeping in touch during maternity leave
  • Statutory rights during maternity leave
  • Right to return after maternity leave
    • What counts as the same job
  • Early return to work
    • Early return and shared parental leave
    • Practical examples of early return to work
  • Requests to return part time
  • Detrimental treatment or dismissal related to maternity leave
  • Written statement of reasons for dismissal
  • Redundancy during pregnancy, or during/after maternity leave
  • Time off for antenatal care appointments
  • Health and safety requirements for pregnant women and new mothers
  • Protection against discrimination
  • Future developments
    • Strengthened protections against dismissal for pregnant women and new mothers
    • Review of parental leave and pay

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Latest updates

Updated to reflect that the Employment Rights Bill received Royal Assent on 18 December 2025.

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About the author

Jo Broadbent

Counsel Knowledge Lawyer, Hogan Lovells

Jo Broadbent is a counsel knowledge lawyer in the employment team at law firm Hogan Lovells. In addition to keeping clients and the team up to date with legal developments, she has extensive experience of developing and presenting internal and external client training courses and workshops.

Jo is a former chair of the Employment Lawyers Association training committee. She is a co-author of the book “Informing and consulting employees: the new law” and frequently writes articles for the HR and legal press. She has a particular interest in shared parental leave and other family-friendly rights.

About the author

Laura Merrylees

Having qualified as a solicitor in private practice, Senior Legal Editor Laura Merrylees spent fourteen years working in-house for a large telecommunications organisation, specialising in employment law. Laura advised on a broad range of employment law matters, both contentious and advisory. During her time in practice, Laura worked closely with HR professionals and senior management and delivered training to HR teams.

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