Home Advice for Parents & CarersPregnancy Pregnant and on probation at work? Your rights

Pregnant and on probation at work? Your rights

If you’ve recently started a job, you might think that this means you don’t have rights in the workplace, but this often not the case.

Being on probation in your workplace does not affect your maternity rights – you can have 52 weeks off and return to your job (even if you have only been employed for a very short time).

If you meet the requirements, your employer has to pay you Statutory Maternity Pay (SMP). If you have not been with your employer long enough to get SMP you may qualify for Maternity Allowance (MA). You can read more about both types of Maternity Pay here.

If you are pregnant and you are dismissed or told that you can’t have maternity leave because you are on probation, contact Working Families’ helpline for advice, even if your employer says they are not keeping you on because you’ve failed your probation. If you think you would have passed your probation but for your pregnancy, seek advice.

You are entitled to paid time off for ante-natal appointments and your job should be safe for a pregnant woman to do. Being on probation makes no difference to any of these rights.


If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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Have you heard about your right to request flexible working? Watch our film to find out more.

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