Pregnant women’s rights at work

Expecting a child while working brings many questions about your legal rights. Pregnancy discrimination remains a significant issue in UK workplaces, despite robust protections for expectant mothers. Understanding your rights, from maternity rights at work to essential rest breaks, matters deeply during this transformative time. This guide outlines your legal entitlements under UK employment law. As workplace regulations can significantly impact your well-being, consulting with a qualified lawyer can help ensure your rights are fully protected.

From notification deadlines to discrimination protection, discover everything you need to know about safeguarding your career during pregnancy.

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When do you have to tell your employer you are pregnant?

Understanding when to tell your employer you are pregnant involves key deadlines and formal procedures. The law sets out mandatory notification periods to ensure full protection of your maternity rights.

• You must notify your employer by the 15^th week before your expected due date.
• Submit your pregnancy notification in writing, stating your due date and planned start date for maternity leave.
• Obtain and provide your MAT B1 certificate (available from week 20 of pregnancy).
• Maintain copies of all written communications with your employer.
• Request formal confirmation that your employer has received and acknowledged your notification.

Your protection against pregnancy discrimination

Pregnancy discrimination at work is strictly prohibited under UK law. The Equality Act 2010 provides specific protections that every employer must follow, including:

• Continued eligibility for pay reviews, bonuses, and career advancement.
• A right to workplace adjustments following mandatory risk assessments.
• Equal access to hiring opportunities, promotions, and workplace training.
• Safeguards against dismissal or selection for redundancy due to pregnancy.
• Protection from unfavourable treatment during pregnancy and maternity leave.

Your health and safety rights during pregnancy

Employers must provide a safe working environment for pregnant employees by law. Your workplace must implement specific health and safety measures including:

• Completion of a dedicated pregnancy risk assessment covering your role, workspace, and daily tasks.
• Immediate adjustments to protect you and your baby, from providing ergonomic chairs to reducing physical demands.
• Can pregnant woman work night shift considerations, with the right to transfer to day shifts if recommended by your healthcare provider.
• Right to rest breaks at work when pregnant UK law entitles you to longer and more frequent breaks, including at least one 20-minute break every 6 hours.

ified or reduced for safety reasons, your employer must maintain your regular salary.

Medical leave rights during your pregnancy

Time off for antenatal appointments and reasons for sick leave during pregnancy UK law protects your right to necessary medical care. These protections provide specific entitlements including:

• Time off for pregnancy-related illness without facing workplace penalties.
• Immediate paid leave for any urgent pregnancy-related medical situations.
• Paid leave for all antenatal appointments, from routine check-ups to pregnancy classes.
• Separate sick pay arrangements for pregnancy complications that don’t affect your regular sick leave allowance.

Your maternity leave and pay: What to expect

Maternity rights at work include extensive leave and pay provisions that every employer must follow. UK law guarantees these key entitlements:

• Flexibility to begin your maternity leave from 11 weeks before your expected due date.
• If you’re sick with a pregnancy-related illness in the 4 weeks before your due date, your maternity leave starts automatically.
• A total of 52 weeks’ maternity leave – split between 26 weeks’ Ordinary and 26 weeks’ Additional Maternity Leave. You must take at least 2 weeks after birth (4 weeks if you work in a factory).
• Access to 10 paid ‘Keeping in Touch’ (KIT) days to stay connected with work without affecting your benefits.
• Statutory Maternity Pay for 39 weeks – first 6 weeks at 90% of average weekly earnings, followed by 33 weeks at £172.48 or 90% of earnings (whichever is lower).

Planning your return to work after maternity leave

Your return to work is protected by specific regulations that ensure a smooth transition. The law provides important rights and options including:

• Entitlement to suitable facilities and breaks for breastfeeding or expressing milk.
• Requirements to notify your employer at least 8 weeks before changing your return date.
• The right to request flexible working arrangements, including adjusted hours or working from home.
• Your guaranteed right to return to your exact role after Ordinary Maternity Leave, or a similar position after Additional Leave.

Special pregnancy rights for non-traditional workers

Your pregnancy rights can vary depending on your employment status or specific situation. UK law provides special protections for different working arrangements:

• Agency workers gain full maternity rights after completing 12 weeks with the same hirer.
• Self-employed mothers may qualify for Maternity Allowance instead of Statutory Maternity Pay.
• Special protection against redundancy during pregnancy – you must be offered any suitable alternative roles first.
• Multiple pregnancies entitle you to the same rights but may require additional medical appointments.

Do I need a lawyer for pregnancy discrimination at work?

When facing pregnancy-related workplace issues, some situations require professional legal support. Consider seeking legal advice if:

• Your right to return to work is being challenged or ignored. A lawyer can enforce your legal right to return and secure compensation for lost earnings.
• Your maternity pay or leave rights are being denied or disputed. A lawyer can calculate your exact entitlements and ensure you receive full statutory benefits.
• You’re dismissed for being pregnant or unfairly selected for redundance. A lawyer can challenge the dismissal’s legality and negotiate a fair settlement or reinstatement.
• Your employer fails to implement required health and safety measures. A lawyer can force compliance through legal channels and claim compensation for any resulting harm.
• You experience unfair treatment or pregnancy discrimination from your employer. A lawyer can gather evidence, document the discrimination pattern, and build a strong case for tribunal.

FAQs

1. How many hours can a pregnant woman work by law UK? There’s no specific legal limit, but your hours must be reasonable and safe. Your employer must adjust your schedule based on medical advice and risk assessments.
2. Do I need to repay maternity pay if I don’t return to work? No, you don’t have to repay Statutory Maternity Pay, but check your contract for company-specific maternity benefits.
3. What if my employer refuses my flexible working request after maternity leave? They must have a valid business reason and follow proper procedure. You can appeal their decision.

Pregnancy should be a time of joy, not workplace worry. Understanding and asserting your legal rights is crucial for a healthy work-life balance during pregnancy. With strong UK employment laws protecting expectant mothers, you can focus on what matters most – preparing for your baby’s arrival.

Protect your rights during pregnancy at work!

If you’re facing challenges with maternity leave, pregnancy discrimination, or need clarity about your entitlements, Qredible provides access to a network of experienced employment lawyers who can help.

KEY TAKEAWAYS

• Every pregnant employee has legal protection against discrimination from the moment they inform their employer about their pregnancy through to their return from maternity leave.
• Employers must conduct risk assessments and make reasonable workplace adjustments to ensure the health and safety of pregnant workers, including providing adequate rest breaks and facilities.
• You are entitled to paid time off for all antenatal appointments and pregnancy-related illnesses without any impact on your regular sick leave allowance.
• Maternity leave can last up to 52 weeks, with Statutory Maternity Pay available for 39 weeks, including options for keeping in touch days.
• Legal support is available through employment lawyers if you face discrimination, unfair dismissal, or challenges with your maternity rights.