What Are Your Rights While You’re on Maternity Leave? (UK Guide)

Maternity leave isn’t just time away from work — it’s protected time that comes with a set of important rights. Whether you're currently on maternity leave or planning ahead, here’s what you need to know about your legal entitlements during this period.

1. Your Employment Rights Are Protected

While you're on maternity leave, your employment rights are preserved. This includes:

• Right to return to your job: You’re entitled to return to the same job if you take Ordinary Maternity Leave (the first 26 weeks). If you take Additional Maternity Leave (up to 52 weeks), and your job is no longer available, your employer must offer you a suitable alternative role with similar pay and conditions.

• Protection from unfair treatment: It’s illegal for an employer to treat you unfairly, dismiss you, or change your terms because you’re on maternity leave.

• Right to pay rises and benefits: Any pay rises or improved benefits introduced while you're away still apply to you. These count towards your holiday accrual.

2. Holiday Entitlement Continues to Build Up

You continue to accrue your statutory holiday (28 days per year) and any contractual holiday throughout your maternity leave.

Operational tip: Many employers allow you to tag annual leave onto the start or end of maternity leave, which can help ease your return to work or maximise paid time off.

3. You Can Work Up to 10 Keeping in Touch (KIT) Days

You’re allowed to work up to 10 Keeping in Touch (KIT) days during your maternity leave without it ending your leave or pay.

These days are optional and should be mutually agreed between you and your employer. You can use them to:

• Attend training

• Help with handovers

• Catch up with team developments

Note: You should be paid for these days — the rate should be agreed in advance.

4. Communication with Your Employer

While you’re on maternity leave, your employer is entitled to keep you informed about important workplace developments, such as:

• Redundancy consultations

• Changes to working conditions or structure

• Training or promotion opportunities

However, you’re not required to stay in regular contact unless you choose to — it’s entirely up to you how much you want to engage.

5. Redundancy Protection

Your employer must not use your pregnancy or maternity as a reason to make you redundant. This would be discrimination.

You can read more about your rights during redundancy and pregnancy or maternity leave on the official ACAS page on redundancy protection for pregnancy and new parents.

6. Returning to Work: Planning Ahead

• Notice: If you plan to return to work earlier than the full 52 weeks, you must give at least 8 weeks’ notice.

• Flexible Working: You can request flexible working (e.g. reduced hours, remote work) upon your return. Your employer must consider the request reasonably.

In Summary

Maternity leave is a right — and it's protected by law. While you're on leave:

✅ You keep your job rights
✅ You keep accruing holiday
✅ You can stay in touch
✅ You're protected from discrimination

If you're unsure how any of these rules apply in your workplace, speak to your HR department or check with ACAS for free and impartial advice.

Need help managing maternity leave or payroll within your business? Givver is designed to simplify leave tracking, payroll changes, and employee communications — so your team stays compliant and cared for. Learn more at givver.io.