Pregnancy and maternity leave: the legal framework

by Practical Law Employment

A practice note that outlines the statutory framework and rules applicable to pregnant employees and those taking and returning from maternity leave in Great Britain. This note examines key statutory rights including time off for antenatal care, health and safety protection, and entitlement to up to 52 weeks of maternity leave, comprising ordinary maternity leave (OML) and additional maternity leave (AML). It discusses an employee's rights during maternity leave and the rules concerning annual leave accrual, keeping-in-touch (KIT) days, and reasonable contact. The note also addresses an employee's rights after maternity leave, including the right to return to the same job or (in some cases) a suitable alternative. This note explores the extended redundancy protection for pregnant employees and those taking maternity leave, and covers related topics such as miscarriage, flexible working requests, breastfeeding, IVF treatment, and surrogacy. It provides an overview of protections against unfair dismissal, detriment, and discrimination under the Employment Rights Act 1996 and the Equality Act 2010. Statutory Maternity Pay (SMP), remuneration and other benefits are covered briefly; for full details, see Practice note, Maternity pay and benefits. Protection from discrimination in respect of pregnancy and maternity as a protected characteristic under the Equality Act 2010 is dealt with in Practice note, Pregnancy and maternity discrimination.