Telling work you are pregnant

Although there is no legal obligation to inform your employer that you are pregnant until the 15th week before the week your baby is due, it is important to bear in mind that the laws which protect you and your unborn child at work only apply once your employer knows you are pregnant. Your first decisions will be

1. When to start your maternity leave
2. Whether to use up any annual leave before you take maternity leave
3. Whether you are entitled to anything extra from your employer eg extra maternity pay on top of your legal entitlement

What to do

1. Tell your employer you are pregnant

2. Give notice in writing of when you wish your maternity leave and pay to start. It can be any time from 11 weeks, but must be legally by the 15th week, before the week your baby is due (you'll be around 25 weeks pregnant). However, if you are off work because of your pregnancy in the four weeks before your baby is due, your employer may start your maternity leave and pay. If you change your mind about your start date, you must give your employer 28 days notice of the change. If you aren't planning to take your full maternity leave, you must let your employer know when you will be coming back.

For babies due pre-April 1st 2007
If you decide to take longer, you should give your employer 4 weeks notice of the change

For babies due post-April 1st 2007
If you decide to take longer, you should give your employer 8 weeks notice of the change

3. Give your employer the maternity certificate MATB1, which your midwife or doctor will have given you after the 20th week of your pregnancy. It is a document confirming your pregnancy and when your baby is due.

4. Your partner must tell their employer by the 15th week before the baby is due if they want to take paternity leave. There is a standard form, SC3, which can be found on the Directgov Website. See also our Paternity Leave and Pay section.

5. Plan ahead with your employer about how you'll stay in touch with your workplace during your maternity leave. If mutually beneficial, you can agree up to 10 days of paid work, known as “keeping in touch” (kit) days, with your employer. They don't have to be limited to your usual job – they could be training or team-building events or email “catch-up” days. This will make returning to work easier.

Your notice could be something like this:

8 January 2007

Dear Ms Williams,
I am writing to confirm that I am pregnant, and that my baby is due between 21st and 27th April 2007. I would like to take a week’s annual leave from the 12th March and then start my maternity leave and pay on Sunday 18th March 2007. If I am not entitled to SMP, please send me form SMP1 so I can claim Maternity Allowance. I enclose my MATB1, and I look forward to getting confirmation of the date my maternity leave will end.

Yours sincerely,
Antonia Brownley
Encl. MATB1

Your employer
Your employer must write to you within 28 days of your notice about your maternity leave to confirm when you are due back at work. If your employer doesn’t do this you will be entitled to change your mind and return when you want without giving notice.

While we try to ensure that all information is correct and up to date, please always check with the appropriate authority.