UK Family Right · 2026
How do I formally request maternity leave?
Statutory rights
Maternity and Parental Leave etc. Regulations 1999 (52 weeks' statutory maternity leave); Social Security Contributions and Benefits Act 1992 (Statutory Maternity Pay — 6 weeks at 90% pay, then 33 weeks at £184.03/week or 90% if lower; rates April 2025-26 — check April 2026 update); Employment Rights Act 1996 — section on legislation.gov.uk">ERA 1996 s.71 (right to return to same job after Ordinary Maternity Leave; same OR similar after Additional).
How to exercise this right
1) Check your contract for any enhanced maternity scheme (many UK employers pay more than statutory — full pay for 12+ weeks is common in finance/tech/professional services). 2) By Qualifying Week (15 weeks before due date), give written notice including: intention to take maternity leave, expected due date, start date of leave. 3) Provide the MATB1 certificate (issued by midwife/GP after 20 weeks) within 21 days. 4) The earliest you can start maternity leave is 11 weeks before the expected due date (unless baby comes early or pregnancy-related illness in last 4 weeks). 5) You can change the start date with 28 days' notice. 6) Keep copies of all written notices.
Employer obligations
Acknowledge your notification within 28 days; confirm the date of your statutory leave end and expected return date; conduct ongoing risk assessment if you continue working; not pass you over for promotions or training; keep you informed of restructures, role changes, and opportunities during leave; offer reasonable Keeping In Touch (KIT) days (up to 10, paid); ensure your role/seniority/pay is preserved on return.
If your employer refuses
There's no 'refusal' option for statutory maternity leave — it's a unilateral right once notified. Failure to give the leave is breach of Maternity Regulations 1999, and dismissal because of maternity leave is automatically unfair under Employment Rights Act 1996 — section on legislation.gov.uk">ERA 1996 s.99. Reduction of role/scope on return is pregnancy/maternity discrimination under Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.18. ACAS conciliation within 3 months less 1 day; tribunal compensation uncapped.
Worked example
Priya gave notice at week 12 of pregnancy stating she'd take a year's maternity leave starting at week 38. She used a KIT day at week 30 to attend an internal restructure briefing. She returned at week 52 to find her role had been merged with another. She raised this as pregnancy/maternity discrimination citing s.18 EqA. The role merger was reversed; she retained full responsibilities. The KIT day attendance + early notification gave her strong evidence she was actively engaged and entitled to her substantive role.
Recruiter pro tip
Use KIT (Keeping In Touch) days strategically. Up to 10 days during maternity leave, fully paid, you can attend meetings, training, restructure consultations, or just keep in the loop without breaking your leave. Many women miss this — they fully disconnect for 12 months and return to a transformed organisation. 1 KIT day per month protects your role visibility, lets you stay informed, and is paid in addition to SMP. Use them.
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