Maternity Leave

You can be assured Lawson West’s

You can be assured Lawson West’s solicitors keep up to date with the latest legal developments and changes to bring you the best advice.

Lawson West’s expert employment solicitors and lawyers have significant experience in dealing with maternity leave entitlement matters.

When you tell your employer of your intention to take maternity leave and your chosen start date, your employer should respond within 28 days in writing confirming their acceptance and provisional date for your return subject to you taking ordinary and additional maternity leave.

An employee can take up to 52 week’s maternity leave made up of 26 weeks ordinary maternity leave and 26 weeks of additional maternity leave.  An employee must take at least 2 weeks compulsory maternity leave unless you work in a factory where this is 4 weeks after the baby is born.

In order to qualify for maternity leave you must have been working for your employer for at least 26 weeks by the end of the 15th week before the beginning of the week when your baby is due. 

During your compulsory maternity leave, your employer should not ask you to come into work or to attend any disciplinary meetings.

Whilst you are on Maternity Leave:

• you keep your normal employment rights and benefits (apart from salary);
• you still accrue holiday entitlement as per your employment contract;
• your employer is entitled to make reasonable contact with you;
• you are not obliged to contact your employer if you do not wish to do so;
• you are entitled to receive notification of promotion opportunities or redundancy situations that you would normally see at work;
• you should be kept informed of all changes which are taking place in your absence;
• you are entitled to Keeping in Touch days.
• You are entitled to return to the same employment if you return before the period of ordinary maternity leave (0-26 weeks) expires or a suitable alternative role if you return during the additional maternity leave (26-52 weeks)

If you find yourself in a situation where you are struggling with a matter relating to maternity leave we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.