You have a right to take up to a year of maternity leave. It doesn’t matter how long you’ve worked for your employer, how much you’re paid or how many hours a week you work.

Who can take maternity leave

You’re only entitled to maternity leave if you’re an employee.

You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.

How to get your maternity leave

At least 15 weeks before the week when your baby’s due, tell your employer:

• that you’re pregnant
• when your baby’s due
• that you want to take maternity leave
• when you want your maternity leave to start and end (you can change these dates later)

It’s best to tell your employer in writing so you have a record.

Your employer should confirm the end date of your maternity leave. If they don’t, it’s worth asking them for it to make sure you both have the same date in mind.

Your employer can ask to see a medical certificate, such as your MATB1 form. You’ll get this at an antenatal appointment after your 20-week scan.

When you can start your maternity leave

You can start your maternity leave any day from 11 weeks before your due date. Your maternity leave will start earlier than the date you pick if: 

• your baby comes early, or

• you’re off work with an illness related to your pregnancy, and this happens in the 4 weeks before the week of your due date

How long your maternity leave can last

Your maternity leave will last for a year unless you tell your employer you want to return earlier. It can’t last longer than a year.

The shortest maternity leave you can take is 2 weeks. This goes up to 4 weeks if you work in a factory.

Changing the dates of your maternity leave

You can change the dates of your maternity leave as long as you give your employer enough notice:

• to start your leave sooner, tell your employer at least 4 weeks before your new start date.

• to start your leave later, tell your employer at least 4 weeks before your old start date

• to end your leave sooner, tell your employer at least 8 weeks before your new end date

• to end your leave later, to tell your employer at least 8 weeks before your old end date

You can give less notice if your employer never gave you your maternity leave dates in writing. It’s still good to give them as much notice as you can.

Adding holiday to your maternity leave

You can take holiday immediately before or after your maternity leave if you want to spend more time away from work.

If you take holiday straight after your maternity leave you’re still classed as being back at work.