UK maternity leave and pay: what you are entitled to

Statutory Maternity Leave

If you are an employee, you can take up to 52 weeks of Statutory Maternity Leave. It is made up of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. You do not have to take all of it. It does not matter how long you have worked for your employer, how many hours you work or how much you are paid. You do need to be an employee rather than a self-employed person or a casual worker.

• Leave can start as early as 11 weeks before the week your baby is due.
• If your baby arrives early, leave starts the day after the birth. It also starts automatically if you are off work with a pregnancy-related illness in the four weeks before your due week.
• You must take at least 2 weeks of leave after the birth, or 4 weeks if you work in a factory.
• Your employment rights are protected while you are on leave. This includes pay rises, building up holiday and the right to return to work.
• If you want to change your return date, you must usually give your employer at least 8 weeks' notice.

Statutory Maternity Pay (SMP)

SMP is paid by your employer for up to 39 weeks. It is paid like your wages, so tax and National Insurance are taken off.

• For the first 6 weeks, you get 90% of your average weekly earnings, before tax.
• For the next 33 weeks, you get £194.32 a week or 90% of your average weekly earnings, whichever is lower.

Do you qualify for SMP?

If your employer decides you are not eligible, they must give you form SMP1 within 7 days, explaining why. You may be able to claim Maternity Allowance instead.

• You must be an employee.
• You must have worked for your employer continuously for at least 26 weeks, continuing into the “qualifying week”, which is the 15th week before your baby is due.
• You must earn an average of at least £129 a week.
• You must give the correct notice and proof that you are pregnant.

Telling your employer

• At least 15 weeks before your due date, tell your employer that you are pregnant, when your baby is due and when you want your leave to start. They may ask for this in writing.
• Your employer must confirm your leave start and end dates in writing within 28 days.
• For SMP, give at least 28 days' notice of the day you want to start receiving it.
• Within 21 days of your SMP start date, give your employer proof of your pregnancy: a letter from your doctor or midwife, or a MATB1 certificate. MATB1 certificates are issued no more than 20 weeks before your due date.

Maternity Allowance

Maternity Allowance is paid by the government, not your employer. You may be able to get it if you are employed but cannot get SMP, are self-employed, have recently stopped working, or have done unpaid work for your spouse's or civil partner's business. It is paid for up to 39 weeks, at £194.32 a week or 90% of your average weekly earnings, whichever is less.

• You need to have been employed, or registered as self-employed, for at least 26 weeks in the 66 weeks before your baby is due.
• If you are employed, you must have earned £30 a week or more in at least 13 of those weeks. They do not need to be consecutive.
• You can apply once you are 26 weeks pregnant. Payments can start any time from the 11th week before your baby is due to the day after the birth.
• You may still qualify if your baby is stillborn from the start of the 24th week of pregnancy, or is born alive at any point.

Shared Parental Leave

If you and your partner are eligible, you can share up to 50 weeks of leave and up to 37 weeks of pay in the first year after your baby is born. The pay is £194.32 a week, or 90% of average weekly earnings if that is lower. To use it, you must take less than 52 weeks of maternity leave and less than 39 weeks of maternity pay or Maternity Allowance. For example, after 22 weeks of leave and pay, you could share the remaining 30 weeks of leave and 17 weeks of pay. Eligibility rules apply to both parents, so check GOV.UK before planning around it.

Other rights worth knowing

• You are entitled to paid time off for antenatal appointments.
• A partner may be eligible for 2 weeks of Paternity Leave. Check GOV.UK for the pay and timing rules.
• Many employers offer enhanced maternity pay above the statutory amount. Check your contract or staff handbook.
• You can usually do up to 10 “keeping in touch” days of paid work during leave without ending it. Agree these with your employer first.