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 must tell your employer about your pregnancy at least 15 weeks before the week your baby is due. This week is known as your expected week of childbirth, or EWC. You can do this by emailing or writing to your employer and telling them:
- you are pregnant;
- your EWC; and
- when you intend or would like to take maternity leave and claim Statutory Maternity Pay.
You can use our sample letter to give notice. Your employer might ask to see a medical certificate or “MAT B1” form from your doctor or midwife once you are 20 weeks’ pregnant.
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 the 15th week before your EWC, you need to inform your employer as soon as reasonably practicable.
However, there are a number of reasons why it is a good idea or you might want to inform your employer you are pregnant at an earlier date. For example, if you are suffering from bad morning sickness (which might mean you are late to work or need time off) or if you are having a high-risk pregnancy (for which you might need additional antenatal appointments or support).
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 EWC.
Health and safety protections and adjustments
Your employer is responsible for providing you with a safe working environment, particularly as pregnant employee. Once you have told your employer in writing that you are pregnant, your employer should check their existing workplace risk assessment to see if there are any known risks to you or your baby from your work, for example if you work long hours, spend a long time standing, carry out a lot of lifting or are exposure to toxic chemicals. Where there are such risks, your employer should make adjustments to your role. 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.
Paid time off for Antenatal Appointments
You also have the right to paid time off work for antenatal appointments on the recommendation of a registered medical practitioner, midwife or nurse, if you are an employee. The employer may ask you to provide a certificate from the registered medical practitioner, midwife or nurse confirming the pregnancy, and an appointment card or other document confirming the appointment, unless you are seeking time off for the first antenatal appointment.
Pregnancy related sick absence
If you are off sick due to a pregnancy related reason, your employer must record this absence separately and it cannot be used in any disciplinary or absence management process. If you are suffering with pregnancy related sickness it may therefore be worth telling your manager or HR so they can record your absence correctly and ensure that it is not taken into account when assessing performance / attendance.
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 knew you were pregnant at the time of the alleged discrimination. 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 request in writing.
This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.
| Organisation and link to website | Area of Advice | Telephone |
|---|---|---|
| Employment Rights | ||
| ACAS | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes. | 0300 123 1100 |
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Pregnant Then Screwed | HR Advice Line – for questions on employment rights, flexible working, parental leave or workplace discrimination | 0300 222 5799 |
| Equality Advisory and Support Service (EASS) | The helpline advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. | 0808 800 0082 |
| Trade Union | If you are a union member, contact your union for support. If not, you may wish to join, but check whether support is available for existing issues. | |
| Health and Safety Executive (HSE) | Guidance on workplace health and safety rights and accepts reports of serious workplace health and safety concerns. | |
| Advicenow | Provides free legal information, guides, self-help tools and training to help people deal with legal issues and understand their rights. | |
| Protect | Provides advice and support to people raising concerns about whistleblowing | 020 3117 2520 |
| Zero Hours Justice | Offers information and support on the rights of workers on zero-hours and insecure contracts | 01904 900 151 |
| Legal Advice and Representation | ||
| Law Centres Network | Law Centres work within their communities to defend the legal rights of local people. You can use their website to find your local Law Centre. | |
| LawWorks | The LawWorks Clinics Network provides free initial advice to individuals on various areas of law including employment law, social welfare law, housing matters, consumer disputes, debt and welfare rights. | |
| Advocate | Advocate is a charity that finds free legal assistance from volunteer barristers | |
| South West London Law Centres | Provides free, independent legal advice to people who cannot afford a lawyer, including advice on employment, housing, debt, immigration issues. | 020 8767 2777 |
| Employment Tribunal Litigants in Person Support Scheme (ELIPS) | ELIPS provides pro bono assistance to unrepresented litigants. It currently covers London Central, Cardiff, Bristol, Midlands (West), Newcastle, Leeds and Manchester Employment Tribunals. | |
| Legal Aid Check your eligibility for Legal Aid online | Legal Aid funding is only available for employment cases involving discrimination. | |
| YESS Law | Employment law advice and support, including settlement agreements. Yess Law do not represent clients in Employment Tribunal Proceedings | 020 3701 7530 |
| The Free Representation Unit (FRU) | The Free Representation Unit (FRU) is a charity that provides legal advice, case preparation and advocacy in employment & social security tribunal cases if you have a hearing date at a tribunal in London and the South East and your case is referred by a referral agency | |
| Employment Tribunal Customer Contact Centre | Provides information about the Employment Tribunal process but does not offer legal advice. | 0300 123 1024 |
| Appoint a solicitor The Law Society provides information on finding a solicitor. | If you are able to afford to do this, you can instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum. | |
| Disability Law Service | Provide free legal advice on community care, employment, housing, discrimination, public law and welfare benefits to disabled people and their carers | 0207 791 9800 |
| Child Law Advice | Provided by Coram Children’s Legal Centre, advice for Litigants in person | |
| Rights of Women | Women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights | 020 7251 6577 |
| Benefits and Financial Support | ||
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Advice Local | Your local guide to help with employment and work issues, benefits, money, housing problems and more | |
| Age UK | Provide free, confidential advice, practical support, and companionship | 0800 678 1602 |
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Scope | Offers information, advice and support for disabled people and their families, including guidance on benefits, work and independent living. | 0808 800 3333 |
| NRPF Network | Provides guidance and resources on no recourse to public funds (NRPF) and support options for people affected by immigration-related benefit restrictions. | 0800 169 0283 |
| Maternity Allowance helpline (DWP) | Maternity Allowance is a government benefit for pregnant women or new mothers who do not qualify for Statutory Maternity Pay (SMP) from their employer. | |
| HMRC Statutory Payment Dispute Team | Resolves disputes about entitlement to statutory payments, including maternity, paternity, adoption, shared parental, parental bereavement and neonatal care pay. | |
| Pregnancy, Maternity and Baby Support | ||
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Tommy’s | Provide advice and support to parents-to-be, expectant parents, and families who have experienced baby loss | 0800 0147 800 |
| Bliss | Support and information for families of premature and sick babies, including emotional support, neonatal care guidance | |
| Twins Trust | Offers support, information and peer support for families with twins, triplets and multiple births | 0800 138 0509 |
| Sands | Sands works to support anyone affected by the death of a baby | 0808 164 3332 |
| Best Start in Life | Advice and support for your child’s development | |
| Mental Health and Wellbeing | ||
| Mind | Mind empower individuals experiencing mental health problems through advice and support | 0300 102 1234 |
| Maternal Mental Health Alliance | Charity and network of 160 organisations, dedicated to ensuring women and birthing people affected by perinatal mental health problems have access to high-quality, compassionate care | |
| Pandas | Pandas offer hope, empathy and support for every parent, carer or network affected by Perinatal Mental Illness | |
| Samaritans | Provide emotional support to anyone in distress, struggling to cope, or at risk of suicide | 116 123 |
| Domestic Abuse | ||
| Women’s Aid | Offers support, information and signposting for women and children experiencing domestic abuse | |
| Support for single parent families | ||
| Gingerbread | Offers advice and information support for single parents on work, benefits, finances and family issues. | |
| One Parent Families Scotland | Provides advice and support to single parents in Scotland including benefits, money and health and wellbeing. | 0808 801 0323 |
| Disability | ||
| Contact | For families with disabled children | 0808 808 3555 |
| Carer’s support | ||
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Childcare | ||
| Childcare Service Helpline | Contact HMRC if you need help applying for Tax-Free Childcare, applying for free childcare if you’re working or using your online childcare account. | 0300 123 4097 |
| Best Start | Provide information on all available childcare support | |
| Coram – Family Information Service | Provide a tool to search for contact details for your local Family Information Service who can provide advice and support on childcare in your area |
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.
