# Can my boss make me work during the first few weeks after I have my baby?

- Jurisdiction: United Kingdom
- Practice area: Employment Law
- Published: 2026-10-30
- Last updated: 2026-10-30
- Canonical: https://lawasked.com/uk/employment-law/can-my-boss-make-me-work-during-first

## Question

I am currently living in England and I am due to go on maternity leave starting from the 15th of November. I have been working at my local retail shop for about three years now. My manager, who is usually quite reasonable, sat me down yesterday to discuss my upcoming leave. She told me that because we are so short-staffed due to the Christmas rush, she actually needs me to come in for at least ten days after the baby is born to help with the stocktake and the holiday shifts. She said it would be a huge favour to the team and that I could work just a few hours a day if that made it easier. I have already told her that I was planning on taking the full time off to recover and bond with my newborn, but she insisted that it is part of my duty to the shop during such a busy period. I am really confused because I thought I was entitled to a certain amount of time off where I am not allowed to be on the premises at all. Is it actually legal for my employer to insist that I work during those first two weeks after giving birth?

## Summary

No, your employer cannot legally force you to work during the first two weeks after you give birth. Under UK law, there is a mandatory period of leave immediately following childbirth during which you are prohibited from working.

## Analysis

In England, your employer is legally prohibited from letting you work during a specific period immediately after you have your baby. This is known as compulsory maternity leave, which is a protected period of time off designed for your recovery [1]. 

According to the law, "An employer shall not permit an employee who satisfies prescribed conditions to work during a compulsory maternity leave period" [1]. This means that even if you wanted to help your manager with the Christmas rush or the stocktake, and even if you only offered to work a few hours a day, your manager is not allowed to let you do so. The law ensures that this compulsory leave period is "not less than two weeks" [1]. This two-week block is a mandatory part of your overall maternity leave, which is the total period of time you are away from work [2].

While you have the right to be absent from work for an "ordinary maternity leave period" of at least 26 weeks [2], the first two weeks are strictly protected. Your manager's claim that it is your "duty to the shop" does not override these statutory protections. If an employer breaks this rule, they may be guilty of an offence and could face a fine [1].

It is important to note that while the law protects your right to be off, the specific regulations regarding how these periods are calculated are managed by the Secretary of State. However, based on the primary rules, your manager cannot insist you work those first ten days after your baby is born.

## Statutory citations

- Employment Rights Act 1996, Section 72 - Compulsory maternity leave. [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/72)
  > An employer shall not permit an employee who satisfies prescribed conditions to work during a compulsory maternity leave period. ... a that no compulsory leave period is less than two weeks
- Employment Rights Act 1996, Section 71 - Statutory Provision [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/71)
  > An employee may... be absent from work at any time during an ordinary maternity leave period. ... a shall secure that... she is entitled to an ordinary maternity leave period of at least 26 weeks

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