Pregnant and at work – what rights do you have?

Firstly, if you don’t tell your employer that you are pregnant then they can’t take any steps to protect your health and safety including carrying out a risk assessment. Understandably you may want to wait until it’s the right time for you but it is important to appreciate that sharing that information with your employer kick starts your protection.

In any event, you must tell your employer 15 weeks before the baby is due to be entitled to maternity leave and give 28 days’ notice of when you would like statutory maternity pay to start.

So, in brief, some of the main rights an employee (provided you meet the notification, eligibility and evidential requirements) has:

• Health and safety protection (including whilst breastfeeding)
• Paid time off work for antenatal appointments
• Maternity leave – up to 52 weeks (regardless of service)
• Statutory Maternity pay – up to 39 weeks
• Swap out some maternity pay and leave for shared parental leave
• The right to return to the same job (or a suitable alternative on no less favourable terms)
• Priority for alternative employment in redundancy scenarios (see our insight for further detail)
• Protection from dismissal, detriment or discrimination because of pregnancy, childbirth or taking maternity leave including from unfavourable treatment because of a pregnancy related illness.
• Additional rights are due in April 2025 if your baby requires specialist neonatal care.

Importantly, if you are pregnant, you should not be treated unfavourably because of your pregnancy or because you are going on or took maternity leave. For example, you should not have responsibilities removed, not be overlooked for a promotion, not be given a pay rise nor be refused a training opportunity because of pregnancy or maternity.

If you need advice or have any further queries, please do get in touch with Megan O’Hara, a Partner in the Employment Team on 020 8290 0440 or one of Thackray Williams Employment Team.