Pregnancy and work: your rights in the UK and US

Your rights at work cover antenatal appointments, workplace changes and time away after birth. In the UK, maternity leave and maternity pay have separate qualifying rules. In the US, workplace accommodations and family leave are covered by different federal laws, with additional protections in some states.

Before you meet your employer, list what you need now and what you want to arrange later. Keep appointment dates, requests and replies together. Ask your employer to put the agreed arrangements in writing.

UK: appointments and workplace safety

Pregnant employees are entitled to paid time off for antenatal care at their usual pay rate. GOV.UK includes antenatal or parenting classes when recommended by a doctor or midwife. Tell your employer about the pregnancy before taking this time off.

Once you have told your employer about the pregnancy, they should assess risks to you and your baby. GOV.UK gives examples such as heavy lifting, standing or sitting for long periods without enough breaks, toxic substances and long hours. Where there are risks, the employer should take reasonable steps to remove them, such as changing work or hours.

If the risks cannot be removed and suitable alternative work cannot be provided, GOV.UK says the employee should be suspended on full pay. Ask your employer to explain the assessment and proposed changes in writing.

UK: maternity leave and pay are separate

GOV.UK says employees must tell their employer about the pregnancy at least 15 weeks before the beginning of the week the baby is due. If this is not possible, tell them as soon as possible. You also need to say when you want maternity leave and pay to start.

Statutory Maternity Leave is 52 weeks. Eligible employees can take it regardless of how long they have worked for the employer, their hours or their pay, provided they give the correct notice. GOV.UK distinguishes an employee from a worker, so check your employment status.

Statutory Maternity Pay, or SMP, is paid for up to 39 weeks for those who qualify. GOV.UK currently gives 90% of average weekly earnings before tax for the first 6 weeks, then £194.32 or 90% of average weekly earnings, whichever is lower, for the next 33 weeks. Tax and National Insurance are deducted.

SMP eligibility includes earnings averaging at least £129 a week, the correct notice and proof of pregnancy, and continuous employment for at least 26 weeks into the qualifying week. GOV.UK defines that qualifying week as the 15th week before the expected week of childbirth.

If you do not qualify for SMP, you may be eligible for Maternity Allowance. Ask your employer to explain any refusal and check the GOV.UK eligibility guidance before making a budget. Check your leave entitlement and pay calculation separately.

US: adjustments and protection from discrimination

The Pregnant Workers Fairness Act, or PWFA, took effect in 2023. It generally requires covered employers to make reasonable accommodations for a qualified worker’s known limitations connected to pregnancy, childbirth or related medical conditions, unless this would cause undue hardship. It applies to private and state or local government employers with 15 or more employees, as well as federal agencies and other specified bodies.

Possible accommodations include extra breaks, a stool, altered hours or help with lifting. Tell your employer what limitation you have and what change you need. The EEOC says the employer and worker should discuss an effective adjustment; you don’t need to use particular wording to begin that discussion.

The Pregnancy Discrimination Act amended Title VII to prohibit pregnancy discrimination. This protection is separate from the PWFA duty to consider accommodations. State and local laws may provide additional rights, including paid leave.

US: family leave and pumping at work

FMLA provides eligible employees of covered employers with up to 12 workweeks of job-protected leave in a 12-month period for qualifying reasons, including birth. It is unpaid leave, although employer-provided paid leave can sometimes run alongside it. Group health benefits continue on the same terms.

The usual eligibility rules include at least 12 months with a covered employer, at least 1,250 hours of service in the preceding 12 months, and a work location with at least 50 employees within 75 miles. Special rules apply to some workers, so check which rules cover you.

The PUMP Act expanded federal protections for expressing breast milk at work. Most covered employees can take reasonable pumping breaks for up to one year after birth and must have a private space that is not a bathroom. Some exemptions apply. Pumping breaks are not automatically paid, but if you are not completely relieved of duty, the break time must be paid. Ordinary paid-break rules still apply.

Where to get help with a problem at work

In the UK, GOV.UK advises speaking to a health and safety or trade union representative if your employer disputes a pregnancy-related workplace risk. In the US, the EEOC handles pregnancy discrimination complaints; the Department of Labor’s Wage and Hour Division handles most FMLA and federal pumping-rights complaints. Elsewhere, contact your local labour authority or an employment adviser.