What Should an Employer Do When an Employee Informs Them That She Is Pregnant?

When an employee informs her employer that she is pregnant, the employer has legal obligations: they must protect her health and safety, comply with maternity leave regulations, and ensure fair treatment.

Health and Safety

• • Once the employee confirms her pregnancy in writing, the employer must assess whether her work poses any risk to her or her baby.

• • This is known as a risk assessment. If risks are identified, the employer must remove them.

• • If the risks cannot be eliminated, the employer should: 

  • o Adjust the employee’s working conditions or hours,

  • o Offer a different, safe role,

  • o And if no alternative is available — suspend the employee on full pay to avoid the risk.

Maternity Leave Notification

The employee must inform the employer in writing about:

• • Her pregnancy,

• • The expected week of childbirth (EWC),

• • And the planned start date of her maternity leave.

This must be done no later than 15 weeks before the expected week of childbirth, or as soon as reasonably practicable.

The employer may request a medical certificate (Form MAT B1) confirming the pregnancy and EWC.

This information is required for the employee to qualify for Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML).

Fair Treatment

• • The employer must not treat the employee unfavourably because of her pregnancy.

• • She has the right to paid time off for antenatal appointments.

• • Discrimination may lead to legal claims under the Equality Act 2010 and the Employment Rights Act 1996.

The employer must protect the health of a pregnant employee, follow maternity leave rules, and treat her fairly. Failing to meet these obligations can result in legal consequences.