Pregnancy and maternity leave: the legal framework

Resource type: Practice note

Status: Maintained

Jurisdictions: England, Scotland, Wales

A note outlining the rights and responsibilities of and towards pregnant employees and new mothers, and setting out the legal framework for maternity leave.

The right to statutory maternity pay (SMP) and other benefits during maternity leave are dealt with in Practice note, Maternity pay and benefits.

The 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 (EqA 2010).

PLC Employment with Joanne Owers, Fox Williams LLP

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Resource ID: 7-502-9721
Products: PLC UK Employment, PLC UK Public Sector
This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

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Related content

Topics

Families and PregnancyFamilies and Pregnancy (http://uk.practicallaw.com/7-200-0617)

Practice notes

Adoption leave and pay Adoption leave and pay (http://crossborder.practicallaw.com/topic3-500-2530)
Flexible working Flexible working (http://crossborder.practicallaw.com/topic6-242-5956)
Maternity pay and benefits Maternity pay and benefits (http://crossborder.practicallaw.com/topic9-244-6976)
Parental leave Parental leave (http://crossborder.practicallaw.com/topic9-200-3672)
Part-time working Part-time working (http://crossborder.practicallaw.com/topic6-200-2160)
Paternity leave Paternity leave (http://crossborder.practicallaw.com/topic7-501-9232)
Paternity pay Paternity pay (http://crossborder.practicallaw.com/topic0-501-9612)
Pension rights during maternity, paternity, parental and adoption leave Pension rights during maternity, paternity, parental and adoption leave (http://crossborder.practicallaw.com/topic2-209-0955)
Pregnancy and maternity discrimination (EqA 2010) Pregnancy and maternity discrimination (EqA 2010) (http://crossborder.practicallaw.com/topic0-502-9611)
Sex discrimination (EqA 2010) Sex discrimination (EqA 2010) (http://crossborder.practicallaw.com/topic2-502-9610)
Sex discrimination (pre-October 2010) Sex discrimination (pre-October 2010) (http://crossborder.practicallaw.com/topic6-202-0710)

Standard documents

Employee's early return from maternity leave notice Employee's early return from maternity leave notice (http://crossborder.practicallaw.com/topic6-382-2733)
Employee's pregnancy, EWC and maternity leave notification letter Employee's pregnancy, EWC and maternity leave notification letter (http://crossborder.practicallaw.com/topic1-382-3933)
Employer's acknowledgment of pregnancy, EWC and maternity leave dates notification Employer's acknowledgment of pregnancy, EWC and maternity leave dates notification (http://crossborder.practicallaw.com/topic9-382-3934)
Employer's early return from maternity leave notice response Employer's early return from maternity leave notice response (http://crossborder.practicallaw.com/topic4-382-2734)
Employer's invitation to attend a KIT day Employer's invitation to attend a KIT day (http://crossborder.practicallaw.com/topic6-382-2672)
Employer's letter advising an employee on maternity leave of her provisional selection for redundancy Employer's letter advising an employee on maternity leave of her provisional selection for redundancy (http://crossborder.practicallaw.com/topic1-382-2735)
Employer's letter confirming return to work date where maternity leave started early Employer's letter confirming return to work date where maternity leave started early (http://crossborder.practicallaw.com/topic9-382-2562)
Employer's letter confirming temporary changes to duties for duration of employee's pregnancy on health and safety grounds Employer's letter confirming temporary changes to duties for duration of employee's pregnancy on health and safety grounds (http://crossborder.practicallaw.com/topic3-382-2560)
Employer's letter inviting an expectant mother to a meeting to discuss removing or reducing health and safety risks Employer's letter inviting an expectant mother to a meeting to discuss removing or reducing health and safety risks (http://crossborder.practicallaw.com/topic1-382-2561)
Employer's letter suspending pregnant employee on health and safety grounds Employer's letter suspending pregnant employee on health and safety grounds (http://crossborder.practicallaw.com/topic5-382-2564)
Employer's response to request from employee to attend a KIT day Employer's response to request from employee to attend a KIT day (http://crossborder.practicallaw.com/topic4-382-2673)
Flexible working policy Flexible working policy (http://crossborder.practicallaw.com/topic0-242-7963)
Maternity letter: notice of termination following redundancy consultation Maternity letter: notice of termination following redundancy consultation (http://crossborder.practicallaw.com/topic9-382-2736)
Maternity policy Maternity policy (http://crossborder.practicallaw.com/topic4-200-2991)
Offer of alternative employment to employee on maternity leave Offer of alternative employment to employee on maternity leave (http://crossborder.practicallaw.com/topic8-382-2732)
Parental leave policy Parental leave policy (http://crossborder.practicallaw.com/topic7-386-7212)
Paternity policy Paternity policy (http://crossborder.practicallaw.com/topic6-386-8472)

Checklists

Issues to consider when meeting with an employee due to return from maternity leave Issues to consider when meeting with an employee due to return from maternity leave (http://crossborder.practicallaw.com/topic6-382-3501)
Issues to consider when meeting with employee due to go on maternity leave Issues to consider when meeting with employee due to go on maternity leave (http://crossborder.practicallaw.com/topic4-382-3502)
Maternity timeline Maternity timeline (http://crossborder.practicallaw.com/topic5-240-5954)
Pregnancy timeline Pregnancy timeline (http://crossborder.practicallaw.com/topic2-240-5955)

Pregnancy and maternity leave: the legal framework

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