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If the baby is born early, the employee's maternity leave begins automatically. She may not have given the 28-day notification, but she should inform her employer of the birth as soon as possible afterwards. If she fails to do this, she loses her right to maternity leave. In practice, this means she may be regarded as taking unauthorised absence and therefore be subject to disciplinary proceedings.
It is important to remember that the employee is entitled to maternity rights even if the baby is stillborn, provided childbirth takes place from the 24th week of pregnancy onwards.
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