Pregnancy & Work: Your Legal Rights in the UK (2025/26 Edition)
- Persia Shahkarami
- Sep 17
- 5 min read
Updated: Oct 1
Pregnancy Rights at Work UK
Quick Answers
Paid time off for antenatal care (you + 2 unpaid appointments for your partner).
Maternity leave: up to 52 weeks; SMP up to 39 weeks (6 weeks @ 90% AWE, then standard rate).
Flexible working: a day-one right to request; up to 2 requests/year; employer must decide in 2 months.
Redundancy protection extended: priority for suitable alternative vacancies from pregnancy to 18 months after birth/placement (subject to rules).
Paternity leave changes (from Apr 2024): take 1 or 2 weeks together or separately anytime in the first 52 weeks; 28-day notice for each block.
Neonatal Care Leave & Pay (from 6 Apr 2025): up to 12 weeks extra leave (and pay if eligible) when a baby needs neonatal care.
Discrimination is unlawful under the Equality Act 2010 (pregnancy & maternity).
⚠️ Northern Ireland can differ. Always check NI Direct if you live/work there.
Antenatal appointments: paid time off
Good news: if you’re an employee, you’re entitled to reasonable paid time off for antenatal care. That covers the whole shebang, including travel and waiting time, plus classes your midwife, nurse, or doctor recommends.
Your partner (or intended parent) can usually take unpaid time off for 2 appointments (up to 6.5 hours each). It’s a small window, but it really helps to have them there.
Maternity leave & pay (SMP vs Maternity Allowance)
Leave: You can take up to 52 weeks of maternity leave. Most people start up to 11 weeks before the week the baby’s due. If you’re off with a pregnancy-related illness in the last 4 weeks, your maternity leave may start automatically, and that’s to protect your pay and rights.
Statutory Maternity Pay (SMP): Up to 39 weeks in total
6 weeks at 90% of your average weekly earnings, then
33 weeks at the standard weekly rate or 90% of your average weekly earnings (whichever is lower).The standard rate changes each April, so have a quick check of the current figure when you’re planning.
Not eligible for SMP? Look into Maternity Allowance (paid by DWP). It’s there to make sure you’re not left without support.
Flexible working: what changed
From 6 April 2024, you can request flexible working from day one in a job, no long service needed. You can make two requests in 12 months, and your employer should give you a decision within two months (unless you both agree more time).
Flexible working can look like part-time hours, compressed hours, flexitime, hybrid/home working, or job-share. If your employer can’t agree, they need to rely on specific business reasons and follow the ACAS guidance.
💡 Tip: when you ask, include what you’re proposing, when you’d like it to start, and how you’ll make it work for the team. It really helps..
Redundancy protection (pregnancy → 18 months)
If redundancy is on the table while you’re pregnant or on maternity, adoption or shared parental leave, your employer must offer you any suitable alternative vacancy first (if one exists).
From 6 April 2024, the protected period stretches from when you tell your employer you’re pregnant and can run to 18 months after birth/placement (there are specific triggers, so it's worth noting the dates in your diary). This extra time is there to keep you safer during a vulnerable period.
Paternity & partner rights (2024 reform)
For births/adoptions with an expected week of childbirth (EWC) or placement on or after 6 April 2024:
Take 1 or 2 weeks of paternity leave together or as two separate 1-week blocks.
Use it any time in the first 52 weeks after birth/placement.
Give at least 28 days’ notice for each block.
Statutory Paternity Pay may apply if you’re eligible. More flexibility = more chances to be there when it matter
Neonatal Care Leave & Pay (from 6 April 2025)
If your baby goes into neonatal care within 28 days of birth and stays 7 or more continuous days, each eligible parent gets 1 week of leave for every 7 days in care (up to 12 weeks). This is on top of maternity, paternity, or SPL. Statutory Neonatal Care Pay is available if you meet the service and earnings rules. It applies to babies born on/after 6 April 2025. We hope you never need it, but it’s there if you do.
Health & safety + breastfeeding at work
Your employer should assess and manage any risks to keep you safe. If a risk can’t be removed, they should offer suitable alternative work or suspend you on full pay. You’re also entitled to a suitable place to rest.
Planning to breastfeed or express? Toilets aren’t suitable (obviously). While there isn’t a specific legal right to paid breastfeeding breaks or a dedicated room, UK guidance recommends a private, hygienic space and access to a fridge for milk. It’s a reasonable, human ask so don’t be shy about it.
Shared Parental Leave (SPL) & keeping-in-touch days
If you’re eligible, you can share up to 50 weeks of leave and 37 weeks of pay in your baby’s first year.
During maternity/adoption leave, you can work up to 10 “KIT” days.
During SPL, you can work up to 20 “SPLIT” days.These optional days let you stay connected without ending your leave (just keep count so you don’t accidentally tip over the limits).
Pregnancy & maternity discrimination (don’t put up with it)
It’s unlawful to treat you unfavourably because you’re pregnant, on maternity leave, or dealing with a pregnancy-related illness. Once your employer knows or should reasonably know you’re pregnant, you’re protected by law. If something feels off, you’re not imagining it, write everything down and get advice early.
Action checklist to copy & paste
Tell your employer by 15 weeks before the week your baby is due (or as soon as you can). Include your planned maternity leave start date.
Log your antenatal appointments (including travel/waiting) for paid time off. Partners: note 2 unpaid appointments.
Plan your leave mix: maternity + (optional) SPL + paternity + (if needed) Neonatal Care Leave.
Consider flexible working: what pattern you want, when it starts, and how it’ll work in practice.
If redundancy is mentioned, calmly state your priority right to suitable alternative roles during the protected period, and keep everything in writing.
FAQs
When does maternity leave start automatically?
If you’re off with a pregnancy-related illness in the last 4 weeks before the week your baby’s due or the day after birth if baby arrives early.
How much is SMP right now?
You’ll get 6 weeks at 90% of your average weekly earnings, then 33 weeks at the standard weekly rate or 90% of your average earnings (whichever is lower). The standard rate changes every April, so check the latest figure when you apply.
Can I split paternity leave?
Yes. For qualifying births/adoptions from April 2024, you can split 2 weeks into two 1-week blocks, used anytime in the first year, with 28 days’ notice for each.
Do I have to take all 52 weeks of maternity leave?
No. You can return earlier if you wish, but you must take at least 2 weeks after birth (4 weeks if you work in a factory).
Is miscarriage leave a legal right yet?
As of 17 Sept 2025, the government has announced plans for bereavement leave for pregnancy loss before 24 weeks, but it isn’t law yet. Keep an eye on official updates.
One last thing
This pregnancy rights at work UK guide is for England, Scotland and Wales (Northern Ireland can differ slightly). If you’re unsure, or something doesn’t feel fair, reach out for personalised advice (ACAS, Maternity Action, a union rep, or a trusted HR contact). You deserve support that’s kind, clear and on your side. 💜
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