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The short version
If someone working in construction is pregnant, has a partner who's pregnant, or has just become a parent -- they have legal rights. Full stop. It doesn't matter that it's a building site. It doesn't matter that "we've never had to deal with this before." Maternity leave, paternity leave, parental leave, pregnancy risk assessments, protection from dismissal -- all apply. From April 2026, paternity leave and unpaid parental leave become day-one rights. The industry is 85% male. That's not an excuse for not knowing the law -- it's the reason this guide exists.
Why this matters in construction
Women make up around 15% of the UK construction workforce. That number is growing -- 37% of new entrants to the sector are women. But the industry's infrastructure for supporting pregnant workers and new parents is dire. Only 15% of construction employers offer more than statutory maternity leave, compared to a 27% national average. Part-time work -- essential for many returning parents -- sits at about 5% in construction versus 44% nationally.
The result? Women leave. And the men working on site often have no idea they have paternity rights at all, let alone that those rights just got stronger.
This guide covers what both parents are entitled to, what's changing, and what construction employers need to do.
Maternity rights -- the full picture
Maternity leave
All employees are entitled to maternity leave from day one of employment. No qualifying period.
| Type | Duration | Detail |
|---|---|---|
| Ordinary Maternity Leave (OML) | 26 weeks | Available to all employees regardless of service |
| Additional Maternity Leave (AML) | 26 weeks | Follows immediately after OML |
| Total | 52 weeks | Can start up to 11 weeks before the expected week of childbirth |
| Compulsory Maternity Leave | 2 weeks from date of birth | Cannot work during this period -- it's a criminal offence for the employer to allow it |
Statutory Maternity Pay (SMP)
SMP requires qualifying service and minimum earnings:
| Requirement | Detail |
|---|---|
| Qualifying service | 26 weeks' continuous service by the 15th week before the expected week of childbirth |
| Minimum earnings | Average weekly earnings of at least £129/week (from April 2026) |
| Period | Rate (from April 2026) |
|---|---|
| First 6 weeks | 90% of average weekly earnings (no cap) |
| Weeks 7--39 | £194.32/week or 90% of average weekly earnings, whichever is lower |
| Weeks 40--52 | Unpaid (but still on maternity leave with contractual rights preserved) |
If you don't qualify for SMP (e.g. not enough service, or earnings below the threshold), you may be entitled to Maternity Allowance from the government -- up to £194.32/week for 39 weeks. The earnings threshold for Maternity Allowance is just £30/week.
Paternity rights
Paternity leave
From 6 April 2026: day-one right -- no qualifying period.
| Entitlement | Detail |
|---|---|
| Duration | Up to 2 weeks (can be taken as 1 week or 2 consecutive weeks) |
| When | Must be taken within 56 days of birth (or placement for adoption) |
| Notice | 28 days' notice required (temporarily reduced from 15 weeks) |
| Who qualifies | Father of the child, mother's spouse/civil partner/partner, intended parent (surrogacy) |
Statutory Paternity Pay (SPP)
| Requirement | Detail |
|---|---|
| Qualifying service | 26 weeks' continuous service by the 15th week before EWC -- this requirement remains even though leave is now day-one |
| Minimum earnings | £129/week (from April 2026) |
| Rate | £194.32/week or 90% of average weekly earnings, whichever is lower |
Key distinction: From April 2026, you can take paternity leave from day one. But you only get paid if you meet the 26-week service and earnings thresholds.
Other parental leave rights
Unpaid parental leave
From 6 April 2026: day-one right.
| Entitlement | Detail |
|---|---|
| Duration | Up to 18 weeks per child (up to the child's 18th birthday) |
| Annual cap | 4 weeks per child per year (unless employer agrees more) |
| Blocks | Must be taken in blocks of 1 week (unless child is disabled) |
| Pay | Unpaid |
Shared Parental Leave (SPL)
Allows parents to share up to 50 weeks of leave and 37 weeks of pay between them. The mother must curtail her maternity leave to create SPL. Both parents must be employees with qualifying service.
From April 2026: the restriction preventing paternity leave being taken after shared parental leave is removed.
Neonatal Care Leave (from 6 April 2025)
| Entitlement | Detail |
|---|---|
| Trigger | Baby born on/after 6 April 2025, admitted to neonatal care within 28 days of birth, stays 7+ consecutive days |
| Duration | Up to 12 weeks -- one week per qualifying week of neonatal care |
| Day-one right | Yes -- no qualifying period for leave |
| Pay | £194.32/week (from April 2026) -- but 26 weeks' service required for pay |
| On top of other leave | Yes -- additional to maternity/paternity leave |
Bereaved Partner's Paternity Leave (from 6 April 2026)
If the mother or primary adopter dies, the surviving partner is entitled to up to 52 weeks of unpaid bereaved partner's paternity leave. Day-one right.
Pregnancy on a construction site -- health and safety
This is where construction has specific, non-negotiable obligations.
The legal duty
Under the Management of Health and Safety at Work Regulations 1999 (reg.16), once an employer is notified in writing that an employee is pregnant, has given birth in the last 6 months, or is breastfeeding, they must:
- Carry out an individual risk assessment -- not a generic one, specific to that person and their role
- Remove or reduce identified risks through adjustments to working conditions or hours
- If risks cannot be removed, offer suitable alternative work on the same terms
- If no suitable alternative exists, suspend the employee on full pay
Construction-specific risks
| Hazard | Why it matters |
|---|---|
| Manual handling / heavy lifting | Risk of injury increases as pregnancy progresses -- dexterity, balance, reach all affected |
| Exposure to chemicals, dust, fumes | Solvents, lead, cement dust -- specific substances are hazardous to pregnancy |
| Working at height | Altered centre of gravity, fatigue, risk of falls |
| Vibration (hand-arm / whole body) | Power tools, plant -- associated with pregnancy complications |
| Extreme temperatures | Working outdoors in heat/cold |
| Long hours / night shifts | Fatigue, increased risk of complications |
| Noise | Prolonged exposure |
| Confined spaces | Restricted movement, emergency evacuation difficulty |
| PPE fit | Standard PPE may not fit as pregnancy progresses |
The risk assessment must be reviewed each trimester as the pregnancy progresses. It must account for medical recommendations from the employee's doctor or midwife.
Construction reality: "We don't have a desk job for her" is not a defence. If you can't make the site role safe, you must offer alternative work. If you have no alternative work, you suspend on full pay. You do not tell her to go home unpaid. You do not make her redundant. You do not tell her to "sort it out with the agency."
Protection from dismissal and discrimination
Current law
| Protection | Detail |
|---|---|
| Automatically unfair dismissal | Dismissal for a reason connected to pregnancy, childbirth, or maternity leave is automatically unfair -- no qualifying period |
| Pregnancy discrimination | Protected under the Equality Act 2010 from conception until the end of maternity leave -- no comparator needed |
| Detriment | Unlawful to subject someone to any detriment because of pregnancy or maternity -- includes demotion, loss of hours, exclusion from training, removal from projects |
| Redundancy protection | Pregnant employees and those on maternity leave have priority for suitable alternative vacancies in a redundancy situation |
What's coming -- enhanced dismissal protections
The ERA 2025 gives the Secretary of State power to make regulations making it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers returning to work for at least 6 months after return -- except in specific limited circumstances. The consultation closed in January 2026. Regulations are expected but not yet in force.
What discrimination looks like in construction
- Telling a pregnant worker there's "no point keeping you on" because the project ends before her due date
- Not carrying out a risk assessment because "she knew what the job was when she took it"
- Refusing to let her attend antenatal appointments
- Making her redundant shortly after she announces her pregnancy
- Selecting her for layoff because "she'll be going on maternity soon anyway"
- Not consulting her about workplace changes while she's on maternity leave
- Offering her a less skilled or lower-paid role when she returns
- Pressure to return early or not take full leave
- Comments, "banter," or hostility from colleagues about her pregnancy
All of this is unlawful. Pregnancy discrimination is uncapped in compensation -- there is no financial ceiling on what a tribunal can award, and it includes injury to feelings.
The self-employment question
Genuinely self-employed women don't get maternity leave (there's no employer to take leave from). But they may be entitled to Maternity Allowance if they've been self-employed and earning above the threshold.
If a woman is labelled "self-employed" but is actually a worker or employee (see guides 3.1--3.8), she has the full range of maternity rights. The same applies to fathers and partners for paternity rights.
CIS status does not determine maternity/paternity entitlements. Employment status does.
Summary table -- what's available and when
| Right | Qualifying period | Paid? | Rate (from April 2026) |
|---|---|---|---|
| Maternity Leave | Day one | Yes (if SMP eligible) | 90% for 6 weeks, then £194.32/week for 33 weeks |
| SMP | 26 weeks by 15th week before EWC + earnings ≥£129/week | Yes | As above |
| Maternity Allowance | 26 weeks employment/self-employment in 66-week test period | Yes | Up to £194.32/week for 39 weeks |
| Paternity Leave | Day one (from April 2026) | Yes (if SPP eligible) | £194.32/week |
| SPP | 26 weeks + earnings ≥£129/week | Yes | £194.32/week |
| Unpaid Parental Leave | Day one (from April 2026) | No | -- |
| Shared Parental Leave | 26 weeks | Yes (if eligible) | £194.32/week |
| Neonatal Care Leave | Day one | Yes (if 26 weeks' service for pay) | £194.32/week |
| Bereaved Partner's Paternity Leave | Day one (from April 2026) | No | -- |
| Time off for antenatal care | Day one | Yes (paid) | Normal pay |
| Pregnancy risk assessment | Day one | N/A | Employer obligation |
What to do
If you're an employer in construction:
- Have a maternity and paternity policy. Written, accessible, given to all employees. "We've never needed one" is not a policy.
- Risk assess immediately. As soon as you're notified in writing of a pregnancy, carry out an individual risk assessment. Review it each trimester.
- Know the site-specific hazards. Manual handling, chemicals, vibration, heights, temperature -- assess them all against the specific role.
- Offer alternatives or suspend on full pay. If the role can't be made safe, find alternative work. If there's none, suspend on full pay. Not unpaid. Not redundancy.
- Don't dismiss. Dismissal connected to pregnancy is automatically unfair with no qualifying period and uncapped compensation.
- Allow time off for antenatal appointments. Paid. Including classes recommended by a doctor or midwife. You cannot require her to make up the time.
- Keep in touch during maternity leave. Up to 10 "keeping in touch" (KIT) days can be worked by agreement without ending maternity leave. Consult her on any changes affecting her role.
- Budget for the new day-one rights. From April 2026, paternity leave and unpaid parental leave have no qualifying period. Plan your workforce accordingly.
If you're a worker who's pregnant or whose partner is:
- Notify your employer in writing. This triggers the risk assessment obligation and protects your rights.
- Keep records. Every conversation, every appointment, every adjustment (or refusal to adjust). If it goes wrong, you'll need evidence.
- You don't need to tell them immediately. You must notify your employer of pregnancy by the 15th week before the EWC -- but the earlier you notify, the earlier the risk assessment happens.
- Check your employment status. If you're genuinely employed (not self-employed), you have leave rights regardless of what your contract says.
- Partners: know your paternity rights. From April 2026, paternity leave is a day-one right. You don't need 26 weeks' service to take the time off (but you do for pay).
- If you're treated badly, act quickly. Discrimination claims: 3 months minus one day. ACAS Early Conciliation first.
What to do next
- Notify your employer in writing as soon as you're ready -- this triggers the risk assessment obligation and protects your rights.
- If you're pregnant and working on site, make sure your employer carries out an individual risk assessment covering manual handling, chemicals, vibration, heights, and temperature.
- Partners: know that from April 2026, paternity leave is a day-one right -- you don't need 26 weeks' service to take time off (but you do for pay).
- Keep records of every conversation, adjustment request, and any refusal or negative treatment.
- If you're treated badly because of pregnancy or parental status, act quickly -- discrimination claims must be filed within three months minus one day.
Sources
- Employment Rights Act 1996, Part VIII (maternity rights), ss.71--85
- Maternity and Parental Leave etc. Regulations 1999 (SI 1999/3312)
- Employment Rights Act 2025 -- day-one paternity leave, day-one unpaid parental leave, bereaved partner's paternity leave, enhanced dismissal protections
- Equality Act 2010, ss.17--18 (pregnancy and maternity discrimination)
- Management of Health and Safety at Work Regulations 1999, reg.16 (risk assessment for new and expectant mothers)
- HSE -- Protecting Pregnant Workers and New Mothers: Employers
- GOV.UK -- Maternity Pay and Leave
- GOV.UK -- Rates and Thresholds for Employers 2025 to 2026
- GOV.UK -- Paternity Pay and Leave
- GOV.UK -- Shared Parental Leave and Pay
- GOV.UK -- Neonatal Care Leave and Pay
- ACAS -- Maternity, Paternity and Parental Leave
- CITB -- Women in Construction Statistics
- Construction News -- Maternity and Paternity in Construction: The Reality
This guide is for general information only and does not constitute legal, tax, or financial advice. Legislation, case law, and HMRC guidance change frequently. The ERA 2025 provisions on day-one paternity leave, enhanced dismissal protections, and other parental rights are subject to commencement orders and secondary legislation. Statutory pay rates are updated annually. Always take professional advice specific to your circumstances before acting on anything in this guide. SiteKiln is not a law firm and accepts no liability for actions taken based on this content.
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