Work during maternity leave


A. No, the member can work for a couple of days during her Statutory Maternity Leave (SML) without her pay being affected.

Regulation 12A of the Maternity and Parental Leave Regulations 1999 sets out that an employee is entitled to work for up to 10 days during her SML without this causing the leave period to come to an end, or her entitlement to Statutory Maternity Pay (SMP) being affected. 


Your member can also receive payment for the days of work without this affecting her SMP.


However, it is important to keep in mind that in the two weeks following giving birth your member cannot work, as this is a protected period. 


In accordance with regulation 12A, an employee and employer are also free to agree some reasonable contact with each other in the course of the maternity leave and this will not impact on the leave entitlement. 


For example, they could meet, telephone or email to make arrangements for the return to work, or to convey information such as promotion opportunities.