In general terms, the position is as follows:

1. A woman's rights during her absence on maternity leave are primarily governed by the Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999 . Rules under the Sex Discrimination Act 1975 and the Equal Pay Act 1970 are also relevant.

2. An employee's period of continuous employment is not broken by absence from work on maternity leave or otherwise on account of pregnancy or childbirth.

3. The general position is that the employment contract continues whilst the employee is absent on maternity leave, save that she is not entitled during her absence to remuneration and she is not bound by any terms, such as the requirement to come to work, which are inconsistent with her being absent on maternity leave. This applies during both ordinary maternity leave and additional maternity leave for women whose expected week of childbirth began on or after 5th October 2008. Women whose expected week of childbirth was prior to that date have fewer statutory rights during additional maternity leave than during ordinary maternity leave.

4. In place of remuneration, during maternity leave the employee is entitled (if she qualifies) to statutory maternity pay (''SMP''), a state benefit handled by the employer.

5. What counts as "remuneration" is an important question, as it dictates what an employer can and cannot lawfully withhold from the employee during maternity leave.

6. An employee should be given the benefit of any pay rise awarded in her absence on maternity leave.

7. Depending on the circumstances, withholding a bonus from a woman in respect of her period of maternity leave can constitute unlawful sex discrimination.

8. Absence on a period of paid maternity leave must be treated as a period of normal work for the purposes of calculation of occupational pension scheme benefits.

9. The implied term of trust and confidence can give a woman who is absent on maternity leave the right to be notified of matters which might be relevant to advancement of her career (see Implied terms in employment contracts/duties of employer ).

10. The right to statutory paid annual holidays continues to accrue whilst the woman is on maternity leave and she is entitled to take this holiday in addition to her maternity leave.

11. During maternity leave the employee is entitled to do up to 10 days of work (by agreement with the employer) known as "keeping in touch" or "KIT" days.