Maternity, parents and carers - overview

Pregnant women, birth parents, adopting parents and certain other carers are entitled to a number of specific rights and protections, including:

Time off work for ante-natal care

Pregnant women are entitled to paid time off to attend ante-natal care provided that the care has been recommended by a doctor, nurse or midwife.

For further information, see Time off work for ante-natal care.

Detriment or dismissal on grounds of pregnancy, childbirth or maternity leave

Whilst she is still at work, a woman is protected from suffering any detriment by reason of her pregnancy or because she is planning to take maternity leave. This does not simply protect her against harassment or abuse, but also from being shut out of decision making or given fewer opportunities for career progression by reason of maternity.

For further information, see Detriment or dismissal on grounds of pregnancy, childbirth or maternity leave.

Risk assessments and suspension from work relating to maternity

A pregnant woman, or a woman who has just given birth, has the right to have a risk assessment carried out if there is any chance that her work creates a risk of harm to her or her baby. If that risk assessment flags up any potential problem, her employer must do everything reasonable to remove the risk. If the risk cannot be removed, her employer must look for suitable alternative employment for her, at the same pay and conditions. Ultimately, if there is no way that she can work safely, she is entitled to be suspended on full pay.

For further information, see Risk assessments and suspension from work relating to maternity.

Maternity pay

Most women are entitled to be paid statutory maternity pay (SMP) for a period of 39 weeks. Women who are not entitled to SMP may be entitled to a basic payment called maternity allowance.

Some employers provide contractual maternity pay which is more generous than the statutory pay but may have conditions attached, such as a requirement to return to work after maternity leave and remain in post for a minimum period.

For further information, see Maternity pay.

Maternity leave

A woman has the right to take up to 52 weeks of maternity leave, consisting of ordinary maternity leave and additional maternity leave. There are various provisions which protect a woman's contractual rights during the time she is on leave.

For further information, see Maternity leave.

The right to return to work after maternity leave

A woman who takes ordinary maternity leave is entitled to return to the 'same job' at the end of that leave unless that job is no longer available. A woman who also takes a period of additional maternity leave is entitled to return to her old job unless it is not reasonably practicable for her to be allowed to do so.

If a woman's role is made redundant during her maternity leave, she has special rights to be considered for alternative employment.

For further information, see The right to return to work after maternity leave.

Paternity leave and pay

Men (and in some cases women) are entitled to ordinary and/or additional paternity leave and pay in certain circumstances.

Ordinary paternity leave can be either one whole week or two consecutive whole weeks. It cannot be broken up into odd days.

Subject to certain conditions, it is available to a baby's father, or to the husband, civil partner or partner of a baby's mother or adopter.

Ordinary paternity leave may start at any time in the first eight weeks after the baby is born (unless the baby is born early in which case the father can choose to start it any time up to eight weeks after the baby was expected to be born). It is also available where a child is being adopted, in which case it can be taken at any time up to eight weeks after the child is placed with the adopter.

Those taking ordinary paternity are entitled during that leave to ordinary statutory paternity pay.

For further information, see Ordinary paternity leave.

Additional paternity leave is for a minimum of two weeks and a maximum of 26 weeks. It too must be taken in complete weeks and cannot be broken up into odd days.

Additional paternity leave may start at any time after 20 weeks has elapsed since either the baby was born or the child was placed for adoption, provided the mother or the adopter has returned to work.

Subject to certain conditions, it is available to a baby's father, or to the husband, civil partner or partner of a baby's mother or adopter. In the case of adoption, it is only available for the partner of an adopter if the child has also been matched for adoption with that partner.

For further information, see:

Subject to a number of conditions, those taking additional paternity leave are entitled to additional statutory paternity pay.

For further information see:

The right to return to work after additional paternity leave (birth and adoption)

An employee has the right to return to work at the end of additional paternity leave unless his position has become redundant whilst on leave. If an employee's role is made redundant during additional paternity leave, he has special rights to be considered for alternative employment.

For further information, see The right to return to work after additional paternity leave (birth and adoption).

Detriment or dismissal on grounds of additional paternity leave (birth and adoption)

An employee is protected from suffering detriment or dismissal on the grounds that he is taking, has taken, or intends to take additional paternity leave.

For further information, see Detriment or dismissal on grounds of additional paternity leave (birth and adoption).

Adoption leave and pay

The adopter of a child is entitled to up to 52 weeks adoption leave upon the placing of a child for adoption. There are various provisions which protect an adopter's contractual rights whilst on leave.

For further information, see Adoption leave.

Most adopters are also entitled to up to 39 weeks of statutory adoption pay.

For further information, see Statutory adoption pay.

The right to return to work after adoption leave

An employee has the right to return to work at the end of adoption leave unless his or her position has become redundant whilst on leave. An employee's whose role is made redundant during adoption leave has special rights to be considered for alternative employment.

For further information, see The right to return to work after adoption leave.

Detriment or dismissal on grounds of adoption leave

An employee is protected from suffering detriment or dismissal on the grounds that he is taking, has taken, or intends to take adoption leave.

For further information, see Detriment or dismissal on grounds of adoption leave.

Work during maternity, paternity or adoption leave - keeping in touch days

An employee is entitled (but not obliged) to work up to 10 days ('keeping in touch days' or 'KIT days') for his or her employer during maternity, additional paternity or adoption leave without that bringing that statutory leave, or any entitlement to statutory pay, to an end.

Employers and employees are also entitled to maintain reasonable contact with each other during such leave.

For further information, see Work during maternity, paternity or adoption leave - keeping in touch days.

Parental leave

Parents of young children are entitled to take up to 13 weeks of unpaid leave to care for them during the first five years of their life.

13 weeks' leave can be taken in respect of each child. The leave can be taken by each parent. So, for example, where a mother and father both have responsibility for the twins, each of them can take 26 weeks of leave to care for the two children.

Parental leave can be taken at any time up to the child's fifth birthday (or, in the case of a child who suffers from a disability, any time up to their 18th birthday). Where a child is adopted, leave can be taken at any time in the first five years after the child is placed with its adoptive parents, but the right ends when the child reaches 18, even if that is before the five years are up.

For further information, see Parental leave.

Time off for dependants

In certain defined circumstances, employees have a right to be permitted to take time off during working hours:

The categories of persons who are an employee's dependants for these purposes are confined to a specific list.

The time off must be:

The right is provided to enable employees to:

For further information, see Time off for dependants.

Flexible working

Male and female employees have a right to make a request to work flexibly if they:

For further information, see Flexible working.