Q&As

If an individual is a worker but not an employee, and therefore not entitled to ordinary maternity leave or compulsory maternity leave, is there protection under health and safety legislation that prevents her from working for a period of two weeks after childbirth, or for four weeks if she works in a factory?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Employment expert
Published on: 13 June 2025
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Under section 72 of the Employment Rights Act 1996 (ERA 1996):

  1. •

    an employer shall not permit an employee who satisfies prescribed conditions to work during a compulsory maternity leave period

  2. •

    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 1999, SI 1999/3312, reg 8 provides that the prohibition against permitting an employee to work during the compulsory maternity leave period applies in relation to an employee who is entitled to ordinary maternity leave only (see the section: ‘Entitlement to maternity leave’ of Practice Note: Maternity leave).

Compulsory maternity

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United Kingdom

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