Pregnancy and work: your rights in the UK and US

Your rights at work cover antenatal appointments, changes at work and time off after the birth. In the UK, maternity leave and maternity pay have separate rules on who qualifies. In the US, changes at work (accommodations) and family leave are covered by different federal laws, and some states give extra protection.

Before you meet your employer, list what you need now and what you want to sort out later. Keep appointment dates, requests and replies together. Ask your employer to put what you agree in writing.

UK: appointments and workplace safety

Pregnant employees have the right to paid time off for antenatal care at their usual rate of pay. GOV.UK includes antenatal or parenting classes if a doctor or midwife recommends them. Tell your employer you’re pregnant before you take this time off.

Once you’ve told your employer you’re pregnant, they should look at the 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 your work or hours.

If the risks can’t be removed and there’s no suitable other work, GOV.UK says the employee should be suspended on full pay. Ask your employer to explain their risk check and the changes they suggest 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 start of the week the baby is due. If you can’t, tell them as soon as you can. You also need to say when you want your maternity leave and pay to start.

Statutory Maternity Leave is 52 weeks. Eligible employees can take it however long they’ve worked for the employer, and whatever their hours or pay, as long as they give the right notice. GOV.UK treats an employee differently from a worker, so check your employment status.

Statutory Maternity Pay (SMP) is paid for up to 39 weeks to people who qualify. GOV.UK currently gives 90% of your average weekly earnings before tax for the first 6 weeks. For the next 33 weeks, you get £194.32 or 90% of your average weekly earnings, whichever is lower. Tax and National Insurance are taken off.

To get SMP, you must earn at least £129 a week on average, give the right notice and proof of pregnancy, and have worked for your employer without a break for at least 26 weeks into the qualifying week. GOV.UK says the qualifying week is the 15th week before the week the baby is due.

If you don’t qualify for SMP, you may be able to get Maternity Allowance. Ask your employer to explain any refusal, and check the GOV.UK rules on who qualifies before you make a budget. Check your leave and your pay separately.

US: adjustments and protection from discrimination

The Pregnant Workers Fairness Act (PWFA) came into force in 2023. It generally requires covered employers to make reasonable accommodations (changes at work) for a qualified worker’s known limits linked to pregnancy, childbirth or related medical conditions, unless this would cause undue hardship. The law applies to private employers and state or local government employers with 15 or more employees. It also covers federal agencies and some other named bodies.

Possible changes include extra breaks, a stool, different hours or help with lifting. Tell your employer what your limit is and what change you need. The EEOC says the employer and worker should talk about a change that works. You don’t need to use any special words to start that conversation.

The Pregnancy Discrimination Act changed Title VII to ban pregnancy discrimination. This protection is separate from the PWFA duty to consider changes at work. State and local laws may give extra rights, including paid leave.

US: family leave and pumping at work

FMLA gives eligible employees of covered employers up to 12 workweeks of job-protected leave in a 12-month period for certain reasons, including a birth. The leave is unpaid, though paid leave from your employer can sometimes run at the same time. Your group health benefits carry on on the same terms.

The usual rules are that you’ve worked at least 12 months for a covered employer, and at least 1,250 hours in the last 12 months. You also need to work at a site with at least 50 employees within 75 miles. Special rules apply to some workers, so check which rules cover you.

The PUMP Act widened federal protection for expressing breast milk at work. Most covered employees can take reasonable breaks to pump for up to one year after birth. They must have a private space that isn’t a bathroom. Some exceptions apply. Pumping breaks aren’t automatically paid. But if you’re not fully free from work during the break, the time must be paid. The usual rules on paid breaks still apply.

Where to get help with a problem at work

In the UK, GOV.UK advises talking to a health and safety or trade union representative if your employer disagrees about a risk at work linked to your pregnancy. In the US, the EEOC deals with complaints about pregnancy discrimination. The Department of Labor’s Wage and Hour Division deals with most complaints about FMLA and federal rights to pump at work. Elsewhere, contact your local labour authority or an employment adviser.