Q&As

Compulsory Maternity Leave: Does It Begin on Childbirth Date?

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Published by a LexisNexis Employment expert

Published on: 16 June 2025

Does compulsory maternity leave start on the date of childbirth? If so, is the compulsory leave period deducted from the 26 weeks of ordinary maternity leave an employee is entitled to, or is it in addition to the ordinary maternity leave entitlement?

Under section 72 of the Employment Rights Act 1996 (ERA 1996):

•
an employer shall not permit an employee who satisfies prescribed conditions to work during a compulsory maternity leave period
•
the compulsory maternity leave period is to be calculated in accordance with regulations (ie the Maternity and Parental Leave etc Regulations 1999 (MAPLE Regs 1999), SI 1999/3312) that will secure that the two-week compulsory leave period will fall within an ordinary maternity leave (OML) period

MAPLE Regs

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Jurisdiction(s):

United Kingdom

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