Maternity and Parenting

This page gives advice on pregnancy, maternity, paternity and parental leave entitlements, and other issues relating to childbirth and child care among employees.

You will also find details of legal obligations and duties related to maternity pay and allowances, and links to further information.

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New and expectant mothers and the workplace

Pregnancy and motherhood should not prevent women from developing their careers.

Many women remain at work when expecting their child, and also return to work while they are breastfeeding.

There are specific laws that require employers to consider and protect the health, safety and welfare of new and expectant mothers.

Expectant mothers must notify their employer of their pregnancy and the date they intend to start maternity leave by the 15th week before the baby is due.

The mother's Midwife or GP will supply form MAT B1, which is the maternity certificate 'proving' the mother is pregnant. The mother should send this to the employer, who must reply within four weeks of notification, giving information on entitlements to maternity pay or allowance, and leave.

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Special considerations for new and expectant mothers

In occupational health and safety terms, special consideration of risks should be made for:

  • women of childbearing age who are pregnant, or could be in the future
  • those who have given birth within the previous six months
  • those who are breastfeeding.

If a woman is pregnant, has recently given birth or is breastfeeding, the employer must make sure that the kind of work she does and her working conditions will not put her own health, or the health of her baby, at risk.

Working conditions generally considered acceptable may no longer be so during pregnancy and while breastfeeding.

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Legal duties and obligations around new and expectant mothers

The Management of Health and Safety at Work Regulations 1999 and The Sex Discrimination Act 1975 apply.

To get the full benefit of this protection, an expectant mother must notify her employer in writing that she is pregnant, has recently given birth or is breastfeeding. The employer may ask for a certificate from a GP or midwife confirming the pregnancy.

Expectant mothers are entitled to paid time off to attend ante-natal appointments and classes which are advised by their midwife or medical practitioner. The employer can ask for evidence of these appointments from the second appointment onwards.

Women are protected from unfair treatment from employers and colleagues, including dismissal, connected with pregnancy.

→ Read more on The Management of Health and Safety at Work Regulations 1999

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Controlling risks for new and expectant mothers

Employers should carry out a Risk Assessment of any new or expectant mother's working conditions. If any working conditions are found to be a risk to her health, or to that of her baby, the employer must remove or reduce that risk.

If the risks remain, the employer must temporarily alter working conditions, or hours of work, to remove the risk. If this is not possible, the employer must offer a suitable alternative job. If they can't offer a suitable alternative job, the employer should suspend the person on full pay for as long as is necessary to avoid the risks.

The employer should regularly monitor and review any assessment made to take into account possible risks that may occur at different stages of pregnancy.

→ Download Healthy Working Lives' Risk Assessment Form

→ Download Risk Assessment Form - Worked Example

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Statutory Maternity Leave

Statutory Maternity Leave is for 52 weeks – 26 weeks of Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity Leave (AML). To qualify for maternity leave, the mother must be an ‘employee’.

Provided they meet certain notification requirements, mothers can take this leave no matter how long they have been with the employer, how many hours they work or how much they are paid.

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Statutory Maternity Pay

Statutory Maternity Pay (SMP) will be paid for 39 weeks.

SMP is paid at 90% of the employee's average earnings for 6 weeks with no upper limit.

The remaining 33 weeks are paid at a standard rate, or a rate equal to 90% of the employee's average weekly earnings, whichever rate is lower.

The standard rate for SMP from April 2007 is £112.75 per week.

Tax and National Insurance are payable on SMP.

Entitlement to SMP does not affect a mother's right to any other maternity payments provided by her employer, but SMP will still count towards any maternity payments from her employer.

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Maternity Allowance

If a mother does not qualify for SMP because, for example, her earnings are too low, she can claim Maternity Allowance from the Benefits Agency.

Maternity Allowance pays a standard weekly rate of £112.75 or 90 per cent of average weekly earnings (before tax), whichever is smaller. Maternity Allowance is payable for a maximum of 39 weeks.

A mother may be able to get extra money for her husband, civil partner or someone else who looks after her children, if that person is on a very low income. To claim, form MA1 from the Benefits Agency must be completed.

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Parental Leave

There is already a right for both parents to take up to 13 weeks unpaid parental leave, per parent per child. Parents must have worked for their employer for one year by the date they wish to take the leave.

Parents can take parental leave immediately after maternity or paternity leave, providing they give 21 days' notice.

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Paternity Leave

Two weeks of paid paternity leave is allowed. Statutory Paternity Pay (SPP) is £112.75 or 90 per cent of the father's average weekly earnings if this is lower. Tax and National Insurance is payable on SPP in the same way as on regular wages. To qualify for SPP, fathers must pay tax and national insurance as an employee.

Paternity leave can be taken from the date of birth or up to eight weeks from the birth. To qualify for SPP, the father will need to have worked for his employer for 26 weeks by the 15th week before the baby is due and earn more than the National Insurance Lower Earnings Limit.

He must also give his employer notice of the date he wants to start paternity leave by the 15th week before the baby is due.

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Breastfeeding and returning to work

Breastfeeding and Returning to Work – off to a good start has been produced by NHS Health Scotland for mothers who are thinking about continuing to breastfeed on their return to work.

It explores all the options for employees who wish to combine breastfeeding and work, and explains the legal rights of an employee who wishes to do so.

→ Download Breastfeeding and Returning to Work – off to a good start (external site)

Breastfeeding and Returning to Work: a simple guide has been written for employers and explores how breastfeeding can be promoted in the workplace, legal duties and obligations, and examples of good practice.

→ Download Breastfeeding and Returning to Work: a simple guide (external site)

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Your questions on maternity and parenting

→ I'm pregnant and working. What are my health and safety rights?

Further information on maternity, parenting and work

Employment Legislation: Parental Rights (external site)
This page from The Department for Business Enterprise and Regulatory Reform (formerly The Department for Trade and Industry) gives links to downloadable factsheets on a range of parental employment rights issues, including pay, leave and flexible working.

Free resources from Healthy Working Lives
Links below are to publications pages giving options to download these resources:

Free guidance from the Health and Safety Executive
Note – all links are to external pages on the HSE website giving options to download or order these resources:

Priced guidance from the Health and Safety Executive
Note – all links are to external pages on the HSE website giving options to order these resources:

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