Maternity leave

If you're about to become a mum, make sure your employer treats you right.

The law on maternity leave differs depending on when your baby is due (not when it was born). If your baby was due before 1 April 2007, read this information from Advice Guide. The following information applies only to women whose baby is due on or after 1 April 2007.

How much maternity leave?

Most female employees have the right to take up to 52 weeks' maternity leave when they are pregnant and have a child. This does not depend on how long you have worked for your employer.

The only employees who don't have this right are:

• Share fisherwomen;
• Women who are normally employed abroad (unless they have a work connection with the UK);
• Self-employed women;
• Policewomen and women serving in the armed forces.

Legally, you must take at least two weeks immediately after the baby is born (four weeks if you work in a factory).

How much money?

You're entitled to receive 90% of your salary for the first six weeks of your maternity leave, followed by a maximum of £112.75 a week for another 33 weeks. This is known as Statutory Maternity Pay (SMP).

Employment rights on maternity leave

The first 26 weeks of maternity leave are called Ordinary Maternity Leave (OML). During OML you have almost all the same contractual rights and entitlements as if you were still at work (e.g. holiday allowances). The one thing you aren't entitled to during OML is the same rate of pay - what you get will depend on your contract of employment. However, most female employees are entitled to SMP or Maternity Allowance.

You can also choose to take 26 weeks' Additional Maternity Leave (AML), following on directly after OML without a gap.

Your contract of employment will also continue throughout AML unless either you or your employer ends it or it runs out. However, unlike during OML, you won't keep all of your rights under your employment contract.

Telling your employer

You must give your employer the following information, preferably in writing, by the end of the 15th week before your baby is due:

• That you're pregnant;
• The date your baby is due;
• The date you want your maternity leave to start.

You must produce a medical certificate (MATB1), if your employer asks for one, showing when your baby is due. You can get your MATB1 from your midwife or GP.

Once your employer has received your notice that you want to take maternity leave, they must write to you within 28 days and tell you the date you're expected to return to work.

Starting maternity leave

You can choose to start maternity leave at any time in, or after, the 11th week before your baby is due. Your maternity leave will start automatically if you're off work for any reason to do with your pregnancy from the fourth week before your baby is due.

Keeping in touch

When you are on maternity leave, your employer should keep you informed of issues which may affect you. For example, you should be informed of any relevant promotion opportunities or job vacancies that arise during your maternity leave.

You are allowed to work for up to 10 days during your maternity leave without it affecting your maternity pay. These are called 'Keeping in Touch Days'.

Returning to work

Women have the right to return to their old job after 26 weeks' OML. If you wish to return to work after AML, you should be offered your old job back. If that's not practical you must be offered a job that is suitable for you and appropriate in the circumstances, on the same terms and conditions as your old job.

If your employer does not meet their obligations, you can make a claim for unfair dismissal or sex discrimination. For advice on how to proceed, contact your local Citizens Advice Bureau.

If you decide you want to return to work earlier than the date your maternity leave is due to end, you must give your employer eight weeks' notice of your new date of return to work.

Flexible working

You have no automatic right to return to work part time after maternity leave. However, you have the right to ask for flexible working and this request must be considered seriously by your employer. If they do not consider it seriously, this could be sex discrimination.

You have no automatic right to return to work part time after maternity leave. However, you have the right to ask for flexible working and this request must be considered seriously by your employer. If they do not consider it seriously, this could be sex discrimination.

Other parental rights

If you're pregnant or have just had a baby, you may have other rights, including the right:

• To take time off work for ante-natal care;
• To work in a safe environment;
• To claim unfair dismissal if dismissed because of pregnancy.

Thanks to the CAB for help with this article.