In the UK, maternity leave is available to all employed women, regardless of how long they have worked for their employer, how many hours they work or how much they are paid. Maternity leave entitlement is different to maternity pay, which has its own set of rules and eligibility requirements.
The statutory maternity leave is 52 weeks (one full year) which consists of two parts; ordinary maternity leave (the first 26 weeks) and additional maternity leave (the second 26 weeks). You are not obliged to take the full 52 weeks of maternity leave, but you must notify your employer if your plan is to return to work earlier. However, there is a legal minimum you must take to ensure you and your baby are fully recovered before returning to work. As it stands, this minimum requirement in the UK is 4 weeks for factory workers and 2 weeks for everyone else.
In order to give your employer enough notice you are required to notify them at least 15 weeks before your due date. This is best done writing to ensure you have a record. Your letter should include information such as when your baby is due and when you want your leave to start and end. Your employer may ask for proof of your pregnancy, which usually is given by providing a copy of your MATB1 form.
Your employer should give you confirmation of your maternity leave dates in writing. If they refuse your leave or try to delay it, your first action should be to discuss it with them to attempt to reach an agreement. If you have given the correct notice and they still refuse this is likely to be maternity discrimination. Speak to your trade union or Acas for advice.
Your maternity leave can start any time you wish from 11 weeks before your due date to the day your baby is born. However, your leave will automatically start earlier if your baby arrives early, or if you are off work with a pregnancy related illness within the last 4 weeks before your due date.
If you decide to change the dates of your maternity leave, it is recommended to give your employer at least 28 days notice in writing, although some employers may require less.