Employment & Family

Parental Rights at Work Checker UK 2025 — Pregnancy, Maternity, Paternity & Shared Parental Leave

Expecting a baby or recently become a parent? UK law provides extensive protections — but many employees do not know the full extent of their rights. This checker covers everything from antenatal appointment rights through to redundancy protection, the right to return to work, and shared parental leave eligibility.

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👶 Parental Rights at Work Checker — 2025

SMP 2025/26: £184.03/week flat rate (after first 6 weeks at 90% AWE). All employees get 52 weeks maternity leave regardless of service. SMP requires 26 weeks service and £123/week average earnings. Pregnancy and maternity discrimination is unlawful — contact ACAS or EHRC if treated unfairly.

Your Complete Parental Rights at Work

UK law provides a comprehensive framework of rights for pregnant employees, new parents, and adoptive parents. These rights apply from the very start of pregnancy in many cases — no minimum service period is required for maternity leave itself, though some rights (like SMP) do require a qualifying period.

Maternity Leave Entitlement

All employees are entitled to 52 weeks of statutory maternity leave, regardless of how long they have worked for their employer, how many hours they work, or their level of earnings. Maternity leave is split into two periods:

The first two weeks after birth (4 weeks if you work in a factory) are compulsory maternity leave — you cannot work during this period even if you want to.

Keeping in Touch (KIT) Days

You can work up to 10 Keeping in Touch (KIT) days during maternity leave without losing SMP or triggering a return to work. KIT days are voluntary — both you and your employer must agree. They are paid at your normal rate on top of any SMP. They are a useful way to attend training, team meetings, or keep in touch with developments during a long leave period.

Antenatal Appointments

Pregnant employees have the right to paid time off for all antenatal appointments recommended by a doctor, midwife, or health visitor. There is no limit on the number of appointments or the time required — and the right applies from day one of employment. Your employer cannot ask you to make up the time or take it as annual leave. Partners and supporting persons are entitled to unpaid time off for up to two antenatal appointments.

Redundancy During Pregnancy and Maternity Leave

This is one of the most strongly protected areas of employment law. Under regulation 10 of the Maternity and Parental Leave Regulations 1999, if a role becomes redundant during maternity leave (or during the 18 months after birth if pregnant employees are at risk), the employer must offer any suitable alternative vacancy before other employees at risk. This priority right means the employer cannot simply apply the same selection criteria to pregnant or maternity leave employees as to the general workforce.

Selection for redundancy because of pregnancy, maternity leave, or any other protected characteristic is automatically unfair dismissal (no minimum service required) and constitutes pregnancy/maternity discrimination under the Equality Act 2010. Any redundancy of a pregnant employee or employee on maternity leave should be treated with extreme caution by employers and should be challenged by employees.

Shared Parental Leave (SPL)

Shared Parental Leave allows parents to share leave and pay more flexibly. The primary parent (mother or primary adopter) can end their maternity/adoption leave early and "convert" the remaining weeks into Shared Parental Leave, which can be taken by either parent. Key facts:

Frequently Asked Questions

Do I have to tell my employer I am pregnant?+

You must notify your employer of your pregnancy by the end of the 15th week before your expected due date to preserve your SMP and maternity leave rights. However, protections against pregnancy discrimination apply from the moment your employer knows you are pregnant — so you are protected whether you tell them on day one or at 15 weeks. You are not required to tell them before you are ready, but your SMP rights depend on timely notification.

Can my employer change my job while I am on maternity leave?+

No — not without your agreement. During OML (first 26 weeks) you have the right to return to exactly the same job on the same or better terms. During AML (second 26 weeks) you have the right to return to the same job or, only if it is not reasonably practicable, a suitable alternative — this cannot be a lower-paid or inferior role. Unilateral changes to your job during leave are likely unlawful.

What happens to my holiday entitlement while on maternity leave?+

Holiday entitlement continues to accrue throughout all 52 weeks of maternity leave, including additional maternity leave. You cannot take holiday during maternity leave (the two overlap), so you carry forward all holiday accrued. It is common to take accrued holiday immediately before or after maternity leave to extend your time off. Your employer cannot require you to forfeit accrued holiday that cannot be taken due to maternity leave.