Quick summary

Maternity leave questions tend to come from both sides — employees who aren't sure what they're owed, and small business owners who genuinely want to comply but have never had to handle it before.

As a general rule, eligible employees are entitled to a paid maternity leave period split before and after delivery, with eligibility usually tied to a minimum length of service with the employer. The leave entitlement is generally separate from — and doesn't reduce — other paid leave a worker has already accrued.

A frequent grey area: what happens if someone's contract or role changes while they're on leave, or shortly before it starts. As a rule of thumb, maternity-related protections are designed to prevent leave from being used as a pretext for demotion or termination — but proving that in a specific case depends heavily on the paper trail.

If you're an employer building your first HR policy, or an employee whose leave request is being questioned, this is exactly the kind of situation where a 30-minute consultation is worth more than another article.

  • Eligibility depends on length of service
  • Leave splits before and after delivery

Consult a lawyer for your specific situation.