Telling your employer you are pregnant
We often get asked “When should I tell my employer I am pregnant?”. This is a personal decision but there are a number of factors to consider.
To qualify for maternity leave, you are required to tell your employer about your pregnancy by the end of the 15th week before the week your baby is due. This week is known as your expected week of childbirth, or EWC. You can do this by giving notice of your intention to take maternity leave and claim Statutory Maternity Pay and can use our sample letter to give notice. There is otherwise no legal obligation to notify your employer that you are pregnant any earlier than this; it is up to you to decide when you tell your employer about your pregnancy. You are also not legally required to inform a prospective employer that you are pregnant, nor should you be asked if you are pregnant in an interview. If you start a new role after your 15th week before your baby is due, you need to inform your employer as soon as reasonably practicable.
However, there are a number of reasons why it is a good idea to inform your employer you are pregnant before your EWC.
Why should I tell my employer?
In addition to the requirement to notify your employer of your pregnancy to qualify for maternity leave, there are other advantages to telling your employer about your pregnancy earlier than the 15th week before your due date (the expected week of childbirth).
Once you have told your employer in writing that you are pregnant, this triggers your employer’s special duties towards your health and safety as a pregnant worker. Your employer should check their workplace risk assessment to see if there is evidence of any risk to you or your baby from your work, for example if you work long hours, you spend a long time standing or your job involves exposure to toxic chemicals. You must be given a health and safety assessment. We have sample letters here which you can use to request a risk assessment for your health and safety at work as a pregnant employee.
You also have the right to paid time off work for antenatal appointments, if you are an employee and some agency workers.
You are protected from dismissal or detriment and have the right not to be discriminated against because of your pregnancy. For this protection to apply your employer needs to know you are pregnant. Pregnancy discrimination can be difficult to prove if you don’t have evidence that your employer knows you are pregnant. If you suspect your employer has guessed, it is a good idea to tell them in writing.
Many women wish to keep their pregnancy quiet at first, and if you tell your employer before you want other people to know, you must make it clear that you expect confidentiality and it can be a good idea to put this in writing.
This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
If you have further questions and would like to contact our advice team please use our advice contact form below or call us.
Would your employer benefit from support from Working Families?
Would your employer benefit from some support & guidance from Working Families? If you would like to make your employer aware of how Working Families can help them, we have an introduction letter template available that you can give to the relevant person in your organisation.
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.