It is important to understand employees’ rights during pregnancy, as well as employers’ additional responsibilities once an employee announces their pregnancy. This includes legal obligations, making reasonable adjustments, and fostering a supportive environment. This begins when an employee notifies that they are pregnant, through to when they return to work.
Once an employee notifies you of their pregnancy, employers must carry out a pregnancy risk assessment. Following this, employers should make reasonable adjustments to ensure the employee can continue working safely. This might include altering duties, providing more frequent breaks, or adjusting working hours.
Employees are entitled to paid time off for antenatal appointments. This right applies regardless of how long they have worked for you.
By the 15th week before the expected week of childbirth, employees should formally notify you of their intention to take maternity leave, including the intended start date. All pregnant employees are entitled to up to 52 weeks of maternity leave. This consists of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. Statutory Maternity Pay (SMP) is available for up to 39 weeks, subject to eligibility.
While employees are on maternity leave, employers must avoid any form of discrimination and should keep in reasonable contact, especially regarding significant workplace developments. Employees have the option to use up to 10 Keeping in Touch (KIT) days during maternity leave without affecting their SMP or ending their leave.
Employers should ensure maternity cover is arranged and that clear, respectful communication is maintained throughout the employee’s absence. Any restructuring or redundancy discussions must involve employees on maternity leave just as they would those at work.
After maternity leave, employees have the right to return to their job on the same terms. If they return after more than 26 weeks, and it’s not reasonably practicable to offer the same job, they must be offered a suitable alternative role on no less favourable terms.
Employers should be prepared to discuss flexible working requests, as many returning parents seek adjustments to better balance work and family life. Employers must consider these requests fairly and respond within statutory timelines.
After coming into force in April 2025, the Neonatal Care (Leave and Pay) Act 2023 provides essential support for parents whose babies require specialist hospital care after birth. This new right applies to both mothers and fathers (or partners) and is designed to ease the additional pressure faced when a baby is born prematurely or with health complications.
Employees are eligible to take this leave if their baby is admitted to hospital for at least 7 consecutive days within the first 28 days of their life. Each parent is entitled to up to 12 weeks of additional leave. This is taken after any other parental leave, for example, maternity, paternity, or shared parental leave. In other words, Neonatal Care Leave is bolted on to the end of the statutory leave period, rather than overlapping with it.
The leave itself is a day-one right, meaning any employee, regardless of their length of service, can take unpaid leave if their baby meets the qualifying criteria.
To be eligible for Statutory Neonatal Care Pay, however, employees must:
This new entitlement recognises the emotional and practical challenges of neonatal care and ensures that affected parents do not lose out on their full parental leave due to their baby’s extended hospital stay.
Managing pregnant employees is not just about compliance; it is about creating a culture of trust and respect. By staying informed on your legal obligations, including new provisions like Neonatal Care Leave, and by supporting employees with empathy and consistency, businesses can reduce risk, retain talent, and enhance their reputation as responsible employers.
To find out more information or to discuss employees’ rights during pregnancy, please get in contact with our team of experts.
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