Creating a fairer Britain
How much do you really know about your role as the employer of a pregnant employee, or one returning to work after maternity leave?
Take our quick quiz and find outThe earliest maternity leave can start is up to 11 weeks before the expected week of childbirth. It is up to the employee to decide when she would like to start her leave and she must give notice of the date at least 15 weeks before the expected week of childbirth. Maternity leave will start if she gives birth early and it can be triggered if she is off sick for a pregnancy-related reason in the four weeks before the expected week of childbirth
It's a good idea to hold a pre-maternity leave meeting with your employee, at which you can ask her informally how much maternity leave she is planning to take at this stage.
You can also ask for an early indication as to whether she is thinking of asking for changes to her days or hours of work after her maternity leave.
She doesn't have to tell you how much maternity leave she plans to take - and before her baby is born she might not even know. You should not put pressure on your employee to cut short any leave entitlement. Until she tells you otherwise by giving notice to return, assume she is taking her full leave entitlement.
If an employee wants to return before the end of her full 52 weeks of maternity leave, then she has to give 8 weeks' notice; she can then return once the 8 weeks has lapsed. If she gives less than 8 weeks' notice, it is up to you as to whether you agree to her returning earlier.
Make sure you're up to speed on your rights and responsibilities by checking our guidance on maternity rights and working mums.
Read the guidance