When you’re a new parent or you’re expecting a baby you have extra rights at work. You or your partner could be entitled to:
You get all these rights in same-sex relationships as well as in opposite-sex relationships.
Contact your nearest Citizens Advice if you need help with any of these rights.
You could be entitled to maternity leave and maternity pay.
If you’re breastfeeding or have given birth less than 26 weeks ago you have the same health and safety protection as when you were pregnant at work. Your employer has to assess the health and safety risks to you and either remove those risks or change your conditions so you aren’t exposed to them.
Maternity Action have more information on breastfeeding when you return to work.
If you’re a baby’s father or the mother’s partner you’re entitled to 1 or 2 weeks of paternity leave when you and your partner have a baby. You can also take paternity leave when you adopt a child.
You have to take paternity leave in blocks of 1 or 2 weeks. If you choose to take 2 weeks of paternity leave, you can take it as either:
You’re only entitled to paternity leave if you’re an employee.
You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.
If you’re not sure if you’re an employee, check your employment status.
To qualify for paternity leave, you also need to:
There are 2 extra rules if you’re adopting a child:
If you’re entitled to paternity leave it’s likely you’ll be entitled to statutory paternity pay for the same days. You don’t need to have been an employee, as long as you paid National Insurance through PAYE for at least 26 weeks.
To qualify, you must also:
You’ll get whichever amount is lower out of:
Your paternity leave can start on:
You can take your leave at any time within 52 weeks of the birth or adoption.
You’ll need to give your employer notice that you want to take paternity leave. You should do this by 15 weeks before your baby’s due date, or within 7 days of being matched with a child for adoption.
When you give notice you’ll need to tell your employer:
You need to tell your employer when you want to take your paternity leave at least 28 days before you take it.
You can change when you want to take paternity leave - just give your employer 28 days' notice of the changed date.
The GOV.UK website has more information about paternity leave. It also has a page that will help you calculate paternity leave and pay.
If you or your partner is expecting a baby (or having a child placed with you for adoption), you might be able to turn the maternity (or adoption) leave and pay into shared parental leave and pay.
You can share up to 50 weeks' leave and up to 37 weeks' pay. You have a choice of either:
You’re only entitled to take shared parental leave if you’re an employee.
You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.
If you’re not sure if you’re an employee, check your employment status.
Also, in the 66 weeks before the baby is due (or the child is matched with you), your partner must:
If you want to take any of the shared parental pay, the rules are mostly the same as for taking shared parental leave. The differences are that before the 15th week before the due date (or placement date):
The rules for your partner are the same as for shared parental leave.
If you’re a working parent who has been matched with a child for adoption or if you have had a child placed with you for adoption, you may be entitled to adoption leave.
You only get these rights if you’ve been matched with a child through an adoption agency or, in the case of an overseas adoption, received official notification. You can’t take adoption leave after a private adoption.
You’re only entitled to take adoption leave if you’re an employee.
You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.
If you’re not sure if you’re an employee, check your employment status.
There is no minimum amount of time you must have worked for your employer.
You or your partner is entitled to up to 52 weeks’ adoption leave. Only one of you can take adoption leave - the other can take paternity leave or shared parental leave. This includes same-sex couples.
If you can take adoption leave it’s likely you’ll also be entitled to statutory adoption pay. You don’t need to have been an employee, as long as you paid National Insurance through PAYE for at least 26 weeks.
You’ll need to have worked for your employer for at least 26 weeks by the end of the week where you get official notification.
Statutory adoption pay lasts for 39 weeks. For the first 6 weeks you’re paid 90% of your average gross weekly earnings. For the weeks after that you’re paid whichever is lower out of:
You may also be entitled to some adoption pay under your employment contract.
You must tell your employer that you want to take adoption leave - you should do this within 7 days of hearing that you’ve been matched with a child for adoption, or as soon as is practical after this. Tell your employer when you expect the child to be placed with you and when you want your statutory adoption leave to start.
You might have the right to time off work to look after your child. This is called ‘unpaid parental leave’.
You’re only entitled to time off to look after your child if you’re an employee and have worked for your employer for 1 year or more.
You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.
If you’re not sure if you’re an employee, check your employment status.
If you’re an employee you can also take unpaid time off work to deal with unexpected problems - for example where childminding arrangements break down.
A pregnant woman has a right to paid time off to go to antenatal appointments. If you’re the mother’s partner you can also take time off work to go to 1 or 2 of these appointments - you don’t need to be married.
You also get this right if you meet the conditions for, and intend to apply for, a parental order for a child born through a surrogacy arrangement.
You’re only entitled to paid time off to go to antenatal appointments if you’re either:
You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you’re not guaranteed to get any work.
If you’re not sure if you’re an employee, check your employment status.
Your employer doesn’t have to pay you during time off for appointments. You can take up to 6.5 hours for each appointment, though your employer can give you longer.
You might need to sign something for your employer, confirming that you’re going with your partner to an appointment recommended by her doctor or midwife. Your employer can’t ask to see evidence of the appointment, as the paperwork is your partner’s private information.
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