# What happens if my employer ignores my maternity leave dates?

- Jurisdiction: United Kingdom
- Practice area: Employment Law
- Published: 2026-10-31
- Last updated: 2026-10-31
- Canonical: https://lawasked.com/uk/employment-law/happens-if-my-employer-ignores-my-maternity-leave

## Question

I am currently working in England and am several months into my pregnancy. My employer, a medium-sized retail firm, has been quite difficult since I first mentioned my plans. On the 12th of February, I sent a formal letter and an email to my manager, Sarah, stating clearly that my maternity leave would begin on the 20th of June and that I intend to return to my position on the 18th of September next year. I made sure to follow our company handbook's procedure to the letter. However, Sarah replied last week saying they hadn't 'officially' processed it and that they might need to change my return date because they are short-staffed. I have already tried speaking to our HR department to confirm that my notice is valid, but they just told me they would 'look into the procedures' and haven't got back to me. I am worried because if they don't acknowledge my notice or if they try to penalise me for the way I've submitted it, I won't have any certainty about my job security or my pay cheque when I come back. I am unsure what the specific rules are regarding the paperwork I've submitted and what the actual consequences are if my boss refuses to honour the dates I have provided in my notice.

## Summary

It depends on the specific regulations set by the government, but your employer generally cannot simply ignore your notice. While the law allows for rules regarding how notices are given and the consequences of failing to follow them, your employer's ability to change your dates is subject to these legal frameworks.

## Analysis

Under the Employment Rights Act 1996, the government has the power to create specific rules about how maternity leave is handled. Specifically, regulations may "make provision for the consequences of failure to act in accordance with a notice given" [1]. This means that if you have followed the correct procedure, there are legal consequences if your employer fails to honour the notice you provided. 

In your case, you sent a formal letter and email to Sarah on 12 February, following your company handbook. Because you have already complied with your internal procedures, the law allows for regulations that address what happens when an employer does not act in accordance with such a notice [1]. 

However, the law is not entirely settled on your specific outcome because the exact 'consequences' depend on the specific regulations made under the Act. These regulations can "make provision about notices to be given, evidence to be produced and other procedures to be followed" [1]. While your employer claims they have not 'officially' processed your request, the law provides a framework to address failures to act on valid notices. 

Regarding your concern about being short-staffed, the provided statutes do not give an employer a blanket right to change your maternity dates simply because they are busy. While Section 50 discusses how employers must permit time off for certain public duties based on "the circumstances of the employer’s business" [2], this section specifically relates to public duties (like being a justice of the peace) rather than maternity leave. Therefore, the 'short-staffed' argument may not be a valid legal reason to override your statutory maternity rights. 

Please note that local employment laws or specific collective bargaining agreements may add further rules to your situation.

## Statutory citations

- Employment Rights Act 1996, Section 49E - Section 49D: supplemental [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/49E)
  > make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a)
- Employment Rights Act 1996, Section 50 - Right to time off for public duties. [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/50)
  > the circumstances of the employer’s business and the effect of the employee’s absence on the running of that business

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