Maternity Leave Rights UK: Pay, Employment Law and Entitlements 2026/27

Maternity leave rights in the UK protect eligible employees before, during and after maternity leave. Statutory Maternity Leave can provide up to 52 weeks of leave, while separate rules determine whether you qualify for Statutory Maternity Pay (SMP), Maternity Allowance and other employment protections.

You are entitled to up to 52 weeks of maternity leave, with at least 2 weeks compulsory leave after your baby is born (4 weeks if you work in a factory). This time allows you to recover and care for your new child while being protected by law.

Your pay during maternity leave depends on your eligibility and employer policy, but you can receive statutory maternity pay for up to 39 weeks. You also have the right to keep certain contract terms and return to your job after leave. Knowing these rights helps you plan your time off and financial support with confidence.

You might also be able to work up to 10 ‘keeping in touch’ days during your leave without losing your maternity pay. Understanding these rules can make a big difference in how you balance work and family during this important time. For a detailed guide, see maternity leave and pay information from Acas and GOV.UK.

Maternity Leave Rights: Leave and Pay Are Different Entitlements

Your right to Statutory Maternity Leave is different from your eligibility for Statutory Maternity Pay. An employee can qualify for maternity leave without qualifying for SMP.

UK Maternity Leave Legal Rights at a Glance

• Up to 52 weeks of maternity leave: eligible employees can take 26 weeks of Ordinary Maternity Leave followed by 26 weeks of Additional Maternity Leave.
• Statutory Maternity Pay: qualifying employees can receive SMP for up to 39 weeks.
• Antenatal appointments: pregnant employees have rights relating to time off for antenatal care.
• Employment protection: maternity leave does not end your employment contract, and important contractual and statutory protections continue.
• Return to work: your precise right to return depends partly on how much maternity leave you take.
• Redundancy protection: pregnant employees and new parents can have enhanced protection where suitable alternative vacancies are available.
• Protection from discrimination: an employer must not subject an employee to unlawful pregnancy or maternity discrimination.

Understanding Maternity Leave Rights

You have specific rights to maternity leave if you are an eligible employee in the UK. These rights protect your job and give you time off to care for your new baby. Different types of maternity leave and eligibility rules affect how much leave you can take and when.

Eligibility Criteria for Maternity Leave

Statutory Maternity Leave is a day-one employment right for employees who give the correct notice. You do not need to have worked for your employer for a minimum period, and eligibility does not depend on how many hours you work or how much you earn.

You qualify for maternity leave if you are an employee and pregnant. Your status as an employee generally means you have a contract of employment. It does not matter how long you have worked for your employer or how many hours you work.

To get statutory maternity leave, you must inform your employer by the qualifying week. This is usually 15 weeks before your expected week of childbirth. You must tell your employer the date you expect to give birth and when you want your leave to start.

Your employer needs this information at least 15 weeks before the baby is due unless you are unable to do so. Your rights apply in England, Scotland, and Wales under the same employment law rules.

Can You Get Maternity Leave If You Work Part Time?

Yes. Working part time does not by itself prevent you from qualifying for Statutory Maternity Leave. If you are an employee and give the required notice, the number of hours you work and the amount you earn do not determine your entitlement to statutory maternity leave.

However, eligibility for Statutory Maternity Pay is separate. Part-time employees must still satisfy the SMP employment and earnings conditions to receive statutory pay.

Statutory Maternity Leave Explained

Statutory maternity leave lets you take up to 52 weeks off work. This leave is protected by law, meaning your job is safe while you are away. You do not lose your employment rights during maternity leave.

This long leave is split into two parts, and you can start your leave up to 11 weeks before your expected due date. If your baby is born early, your leave will start from the birth date automatically.

While you have this leave, you keep accruing holiday entitlement, and you are protected from unfair treatment related to your pregnancy or maternity leave.

Ordinary Maternity Leave Versus Additional Maternity Leave

Ordinary maternity leave covers the first 26 weeks of your maternity leave. During this time, you have full rights to your usual terms and conditions of employment, including pay rises.

Additional maternity leave is for the last 26 weeks. Your right to return to the same job usually continues throughout both types of leave. However, your pay may differ depending on your employer’s maternity pay scheme or statutory maternity pay rules.

Both types of leave together make up the full 52 weeks of statutory maternity leave. You should confirm your leave dates and pay details with your employer as early as possible.

For official guidance, visit the Statutory Maternity Pay and Leave: employer guide.

Statutory Maternity Pay and Allowance

You have different options for maternity pay depending on your eligibility and employment status. Understanding these helps you know what financial support you can get during maternity leave and how much you can expect.

Statutory Maternity Pay (SMP) Overview

Statutory Maternity Pay (SMP) can be paid for up to 39 weeks if you meet the eligibility conditions. You must normally have been continuously employed by the same employer for at least 26 weeks continuing into the qualifying week, which is the 15th week before the expected week of childbirth.

For 2026/27, you must generally earn at least £129 per week on average and satisfy the notice and proof-of-pregnancy requirements.

For the first 6 weeks, SMP is paid at 90% of your average weekly earnings. For the remaining 33 weeks, it is paid at £194.32 per week or 90% of your average weekly earnings, whichever is lower.

If you do not qualify for SMP, your employer should provide form SMP1 explaining why. You may be able to claim Maternity Allowance instead.

Maternity Allowance for Non-Eligible Employees

If you do not qualify for SMP, you may still get Maternity Allowance. This mainly applies if you are self-employed or have recently changed jobs and cannot meet the work or earnings criteria to get SMP.

Maternity Allowance can be paid for up to 39 weeks. The standard rate is a fixed weekly amount, or 90% of your average weekly earnings during your relevant period, if this is less. You claim it through Jobcentre Plus by providing proof of pregnancy and earnings history.

Enhanced Maternity Pay from Employers

Some employers offer enhanced maternity pay, which means you get more than the statutory minimum. This depends on your contract or workplace policy, so you should check what your employer provides.

Enhanced pay may be full or part pay for a set period. This is in addition to SMP and starts from the first week of maternity leave. Your employer will tell you how much you will get and for how long. Enhanced pay is designed to give you better financial support while you take time off.

Does an Employer Have to Pay Maternity Leave?

An employer must pay Statutory Maternity Pay where an employee satisfies the SMP eligibility conditions. If the employee does not qualify, the employer should provide form SMP1 explaining why SMP cannot be paid.

Enhanced maternity pay is different. An employer only has to provide enhanced or contractual maternity pay where this forms part of the employment contract, workplace policy or another binding arrangement.

Employees who do not qualify for SMP may still be able to claim Maternity Allowance.

Entitlement and Application Process

You have the right to take up to 52 weeks of maternity leave, including Ordinary and Additional Maternity Leave. To access maternity pay, you must meet specific conditions related to your contract, earnings, and timing. You need to officially inform your employer and provide certain documents by set deadlines.

How to Notify Your Employer

You must tell your employer about your pregnancy, the expected week of childbirth, and the date you want to start maternity leave. This notification should be given by the 15th week before your baby is due, or as soon as possible if that date has passed.

Your employer can ask for proof of your pregnancy, but they cannot refuse your maternity leave if you meet the legal requirements. You should keep this communication in writing, such as an email or letter, to have a record of your notification.

Required Documentation and Deadlines

You need to provide your employer with a MATB1 form. This form is issued by a midwife or doctor after the 20th week of pregnancy. The MATB1 confirms your expected week of childbirth and is essential for claiming maternity pay.

Submit the MATB1 at least 28 days before your chosen maternity leave start date. If you miss this deadline, inform your employer as soon as possible to avoid delays in your pay. Keep copies of all documents for your records.

Maternity Leave and Pay Calculations

Your entitlement to maternity pay depends on your earnings and how long you have worked. To qualify for Statutory Maternity Pay (SMP), you must have worked for your employer continuously for at least 26 weeks by the qualifying week. This week is 15 weeks before your baby is due.

SMP usually pays 90% of your average weekly earnings for the first 6 weeks, then a fixed amount or 90% of your earnings (whichever is lower) for up to 33 weeks. Average weekly earnings are calculated from your pay during the relevant period, typically the 8 weeks before the qualifying week.

Your employment rights, including pay rises and holiday accrual, continue while you are on maternity leave.

Pregnancy Rights in the Workplace

You have specific rights to protect your health and job when you are pregnant. These cover your safety at work, time off for medical visits, and protection from unfair treatment because of pregnancy. Knowing these can help you manage your pregnancy while keeping your work secure.

Health and Safety for Pregnant Employees

Your employer must make sure your workplace is safe for you and your baby. They should carry out a risk assessment to find any hazards linked to your pregnancy. If any risk is found, they must change your work conditions or hours to keep you safe.

If your job cannot be adjusted safely, your employer should offer you suitable alternative work. If this is not possible, they may suspend you on full pay until it is safe for you to return.

You can also tell your employer about any health problems caused or made worse by your job. This helps them decide what support you need. Your rights apply from when you tell your employer you are pregnant.

Time Off for Antenatal Care and Appointments

You have the right to paid time off for antenatal care. This includes medical appointments, scans, classes, and treatments linked to your pregnancy. It applies from the start of your pregnancy.

You do not have to make up this time or lose pay, even if you have not been employed long. You must tell your employer about the appointments and give reasonable notice when possible.

If you have a medical reason, you can also take paid time off for pregnancy-related sickness absence. This right helps you attend all necessary appointments without fear of losing income.

Protection from Discrimination

You are protected from discrimination because of your pregnancy. Your employer cannot treat you unfairly or dismiss you due to pregnancy or related illness. This includes decisions about hiring, pay, promotion, or dismissal.

Pregnancy discrimination is a form of sex discrimination, and it is illegal under UK law. You have the right to return to your job after maternity leave with the same terms and conditions as before.

If you believe you have been discriminated against, you can raise a complaint with your employer or take legal action. Knowing these protections helps you defend your rights confidently.

For more details, you can visit guidance on pregnant employees’ rights.

During Maternity Leave

While you are on maternity leave, certain rules affect your work contact, sickness, and holiday entitlement. You can stay involved with your job through limited work days, handle illness with possible sick pay, and still build up holiday time.

Keeping in Touch (KIT) Days

You can work up to 10 Keeping in Touch (KIT) days during your maternity leave without losing your leave or pay rights. These days let you keep up with your work, attend training, or meet your team. You decide if and when to use them, and your employer cannot force you.

Each KIT day counts as a normal working day and you get paid as usual for that day. Any work beyond 10 days requires agreement and might affect leave entitlements. Your contract of employment, including pay, usually applies during KIT days.

Sickness Absence During Leave

If you become ill during maternity leave, you must inform your employer as soon as possible. You may qualify for Statutory Sick Pay (SSP) if you meet certain conditions. SSP usually starts from the fourth day of sickness.

Your maternity pay stops on the day you start getting SSP. If you’re sick before the due date, this could affect when your leave begins. Employment law protects your right to fair treatment during sickness, including return-to-work arrangements.

Impact on Holiday Entitlement

Your right to holiday does not stop during maternity leave. You continue to accrue annual holiday as if you were working normally. You can carry over unused holiday to the next leave year if your contract allows it.

When you return, you can take your accrued holiday or get paid for it if you leave the job. Your employer must let you take holiday at a reasonable time. Remember, some holiday rules may vary depending on your contract or company policies.

For more details on your rights during leave, see the official maternity leave rights guide.

Returning to Work After Maternity Leave

When you finish your maternity leave, you have clear legal protections about your job and working conditions. You can expect to return to the same role under the same contract, request flexible working arrangements, and be protected against unfair treatment or discrimination.

Redundancy Protection During and After Maternity Leave

Pregnant employees and employees taking maternity leave have enhanced redundancy protection. Where a suitable alternative vacancy exists during the protected period, the employer must offer it to the protected employee as a priority rather than requiring them to compete for it in the usual way.

For maternity cases covered by the extended rules, the protected period begins when the employee informs the employer of the pregnancy and can continue until 18 months after the child’s date of birth.

This protection does not mean redundancy can never occur, but pregnancy or maternity leave must not be the reason for dismissal or selection for redundancy.

Your Right to Return to Work

You have the right to return to the same job you had before going on maternity leave if you have been away for 26 weeks or less. Your pay, benefits, and working conditions must be exactly the same as if you had never been absent.

If your maternity leave lasts longer than 26 weeks, your employer can offer you a suitable alternative role. This must be on terms and conditions that are no less favourable than your original job.

You should inform your employer of your return date at least 8 weeks in advance. This helps them prepare for your return and ensures your rights are respected.

Flexible Working Requests

You can ask for changes to your working hours, days, or place of work when you return. Flexible working can include part-time hours or different start and finish times.

Your employer must consider your request seriously but can refuse it on business grounds, such as cost or lack of work. They should give a clear written explanation if they say no.

Make your flexible working request in writing and try to give as much notice as possible. This improves the chance your employer will agree to the changes.

Handling Unfair Treatment

It is unlawful for your employer to treat you unfairly because you have been on maternity leave. This includes demotion, poor performance reviews, or being made redundant without a fair process.

If you suspect discrimination or unfair treatment, raise it first with your employer. Keep records of incidents and communications about your case.

You have the right to take your case to an employment tribunal if issues are not resolved. Tribunal claims must usually be started within three months of the problem occurring.

Refer to detailed guidance on rights when returning to work after maternity leave to ensure you fully understand your protections.

Related Parental and Family Leave Options

You have several family leave options beyond maternity leave, each with specific rules about eligibility, pay, and duration. These options include time off for partners, shared care responsibilities, and unpaid leave to care for your child or family.

Paternity Leave and Pay

If you are the baby’s father or the mother’s partner, you can take up to 2 weeks of paternity leave. You must be an employee and have worked for your employer for at least 26 weeks by the 15th week before the baby is due.

During paternity leave, you may be entitled to Statutory Paternity Pay (SPP). This is paid at a standard rate or 90% of your average weekly earnings if that is lower. You must give your employer notice at least 15 weeks before the baby’s expected week of birth.

This leave is intended to support you during the early weeks after your baby’s birth. It cannot be taken as individual days but must be taken in one or two consecutive weeks.

Shared Parental Leave and Pay

You can share up to 50 weeks of leave and 37 weeks of pay with your partner through Shared Parental Leave (SPL). This option lets you both manage childcare more flexibly after the birth or adoption of a child.

To qualify, you and your partner must meet work and earnings conditions. You need to give your employer notice and submit a formal declaration. SPL also allows you to take leave in separate blocks, helping you both return to work temporarily if needed.

Statutory Shared Parental Pay is paid at the same rate as statutory maternity pay or statutory adoption pay, whichever applies. If you use SPL, your total paid leave may be less than maternity leave but offers more control over who takes time off.

Unpaid Parental Leave and Other Leave

Unpaid parental leave lets you take time off to care for your child. You can take up to 18 weeks per child before they turn 18, with a maximum of 4 weeks per year with the same employer.

This leave is unpaid and usually requires you to have worked for your employer for at least a year. It’s separate from maternity or paternity leave and does not affect your right to paid leave.

Additionally, you might have the right to take bereavement leave if you suffer a loss in your family, or time off for antenatal appointments. These leave options help you balance work responsibilities and family needs in different situations.

For more on these rights see Check your parental rights at work.

Legal Support and Resolving Disputes

You have clear rights to protection from unfair treatment during maternity leave. If you face problems, there are specific steps and legal routes to follow. Understanding how to raise concerns and where to get help is important when dealing with issues like maternity discrimination or unfair dismissal.

Raising Concerns with Your Employer

If you believe your rights have been breached, start by raising your concerns with your employer. You can do this informally, such as through a meeting or conversation with your manager or HR department. Keep a clear record of any incidents or communications related to your maternity rights.

If informal discussion does not work, you can raise a formal grievance following your employer’s grievance procedure. This is a written complaint that triggers a formal investigation. It helps clarify the issue and give your employer a chance to resolve it.

Always check your employer’s maternity scheme or policies, as these often explain your rights during and after leave. You are protected against maternity discrimination and sex discrimination by law, so your employer must treat you fairly.

Making a Claim to an Employment Tribunal

If your employer does not resolve your problem, you may take your complaint to an employment tribunal. Claims related to maternity rights often involve pay disputes, unfair dismissal, or discrimination.

To start a claim, you usually need to notify Acas for early conciliation. This is a step to try and settle the dispute without going to tribunal. Early conciliation is free, and you cannot make a claim until this process ends or fails.

Claims to the employment tribunal must usually be made within three months minus one day of the incident. You can claim for issues such as unfair dismissal related to maternity leave or discrimination based on your pregnancy or maternity status.

Support Services and Further Advice

You can get advice and support from organisations like Maternity Action and Acas. They provide free help on your maternity leave rights and how to deal with problems at work.

These services can guide you on your legal rights under employment law and help you understand your options before taking formal steps. You can also get advice on pay, keeping in touch days, and how to protect yourself from unfair treatment.

Using support services early can help you resolve disputes quicker and without needing tribunal action. The right advice can protect your job and ensure your maternity rights are respected.

For more detailed information on dealing with disputes, see Dealing with problems at work – Maternity Action.

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CASE STUDY: Understanding Maternity Leave Rights, Pay and Return-to-Work Protection

Sarah visited our Wimbledon office after telling her employer that she was pregnant. She had only recently joined the business and was concerned that her short length of service meant she would not qualify for maternity leave.

We explained that maternity leave rights and Statutory Maternity Pay are separate entitlements. As an employee, Sarah could qualify for up to 52 weeks of Statutory Maternity Leave without needing a minimum length of service, provided the relevant notice requirements were met. However, SMP has separate continuous-employment and earnings conditions.

After reviewing her employment dates and expected week of childbirth, it became clear that Sarah did not meet the continuous-employment requirement for SMP. We therefore discussed the possibility of Maternity Allowance, which may be available where an employee does not qualify for SMP.

We also explained that maternity leave continues to protect important employment rights. Holiday entitlement continues to accrue, and Sarah could use up to 10 Keeping in Touch days during maternity leave without losing her leave or pay rights.

Sarah left understanding that failing to qualify for SMP did not mean losing her maternity leave entitlement. She also had a clearer picture of her pay options, employment protections and eventual return-to-work rights.