Working while pregnant: telling your employer, maternity leave and your rights

A plain summary of the main rights in the US and UK, taken from government sources. This is general information, not legal advice, and state or local rules may add more.

Checked against US and UK government pages. Not reviewed by a lawyer. Last updated 5 November 2026. How we check.

When do you have to tell your employer?

UK: tell your employer at least 15 weeks before the week your baby is due, or as soon as possible if you can’t. You need to have told them before you can take paid time off for antenatal appointments.

US: the federal pages we read don’t set a date. You’ll need to tell your employer if you want to ask for changes at work.

US: breaks and changes at work

The Pregnant Workers Fairness Act (PWFA) applies to employers with 15 or more staff, and covers applicants as well as employees. Unless it would cause undue hardship, employers must make reasonable changes for limitations related to pregnancy. The EEOC’s examples include:

More breaks to drink water, eat, rest or use the toilet
Keeping a water bottle or food with you
A stool to sit on, or a way to work standing
Schedule changes or working from home
Leave for health care appointments

US: do you need a doctor’s note?

The EEOC says employers can’t require documentation for some simple requests, such as extra breaks, carrying water and using a stool. They also can’t deny you a job because you need an accommodation, or force you to take leave.

UK: what your employer must do

Give you paid time off for antenatal care. This can include recommended classes
Let your partner take unpaid time off for 2 appointments
Assess risks such as heavy lifting, long hours, toxic substances, or standing or sitting without breaks
Remove those risks or change your work. If they can’t, suspend you on full pay
Not discriminate against you because you’re pregnant

US: maternity leave and the FMLA

The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of job-protected leave in a 12-month period, including for the birth of a child. It’s unpaid, but you may be able to use paid leave from your employer at the same time, and your employer may require that. Your group health cover continues on the same terms, and you have the right to return to the same or an equivalent job.

You’re eligible if you’ve worked for a covered employer for at least 12 months, with at least 1,250 hours in the 12 months before your leave, at a location where the employer has at least 50 employees within 75 miles. Private employers are generally covered if they have 50 or more employees, and government employers and schools whatever their size.

Some states have their own family and medical leave laws, so check yours. The Department of Labor’s helpline is 1-866-487-9243.

UK: maternity leave and pay

Statutory Maternity Leave is up to 52 weeks. You qualify if you’re an employee and give the correct notice, however long you’ve worked there. You don’t have to take all 52 weeks, but you must take at least 2 weeks after the birth, or 4 if you work in a factory. Leave can usually start from 11 weeks before the week your baby is due. Your rights to pay rises, holiday and returning to work are protected while you’re on leave.

Statutory Maternity Pay lasts up to 39 weeks. You get 90% of your average weekly earnings for the first 6 weeks, then £194.32 a week or 90% of your earnings, whichever is lower, for the next 33 weeks. To qualify, you need average earnings of at least £129 a week, and 26 weeks with your employer continuing into the 15th week before the week your baby is due. You also need to give the correct notice and proof you’re pregnant. If you don’t qualify, you may be eligible for Maternity Allowance.

These amounts were checked on GOV.UK in November 2026. Check there for the current figures, and for Shared Parental Leave.

Job hunting while pregnant

The EEOC says refusing to hire someone because they’re pregnant is discrimination, and that employers shouldn’t ask whether an applicant intends to become pregnant. In the UK, it’s against the law to discriminate because of pregnancy.

We didn’t find a rule saying you must mention a pregnancy when applying for a job, but we only checked a small set of official pages. If you’re unsure, ask an employment adviser. In the US, the EEOC is on 1-800-669-4000. In the UK, you could try Acas or Citizens Advice.

If you’re treated unfairly

In the US, the EEOC says you have 180 days to file a charge, so don’t leave it long. In the UK, ask Acas or Citizens Advice what to do next.

Telling colleagues and family

Beyond the employer rule, we found no official timetable, so it’s your choice. The week 12 guide looks at what changes after the 12-week scan.

Questions people ask

Can my employer complain about my toilet breaks?

In the US, the Pregnant Workers Fairness Act lists more bathroom breaks as an example of an accommodation, for employers with 15 or more staff. Tell your employer you need them. In the UK, your employer should assess risks, including standing or sitting without breaks.

How long is maternity leave?

In the UK, Statutory Maternity Leave is up to 52 weeks. In the US, the FMLA gives eligible employees up to 12 weeks in a 12-month period.

Do I get paid maternity leave?

In the UK, Statutory Maternity Pay lasts up to 39 weeks if you qualify. In the US, FMLA leave is unpaid, but you may be able to use paid leave from your employer, and some states have their own laws.

Do I get paid time off for appointments?

In the UK, yes, once you’ve told your employer. In the US, the EEOC lists leave for health care appointments as an example of an accommodation. The pages we read don’t say it must be paid.

When do I have to tell work I’m pregnant?

In the UK, at least 15 weeks before the week your baby is due. In the US, the federal pages we read don’t set a date, but you’ll need to tell your employer to request changes at work.

References

Advice differs between countries, so follow your own care team’s plan. How we check this.