Maternity Pay, Shared Parental Leave and Your Rights: The 2025 Employer’s Guide to Compliance and Best Practices

Understanding maternity pay and shared parental leave is essential for employers in 2025. You must know your obligations to provide statutory pay and leave while protecting your employees’ rights throughout their time away from work. This includes keeping their job secure and following updated rules that have changed recently.

Your employees may qualify for Shared Parental Leave if they or their partner end maternity leave early. This allows parents to share the leave and pay, offering more flexibility for families. Knowing who is eligible and how to manage requests will help you stay compliant and support your workforce effectively.

You also need to be aware of new pay rates and additional rights, such as neonatal care leave, introduced this year. Being clear on these points ensures you can handle all parental leave cases correctly and avoid legal issues. For more details on your responsibilities, see the official employer guide.

Understanding Maternity Pay and Leave

You have specific rights related to maternity pay and leave, which protect your income and job while you care for your new baby. Your eligibility, how much pay you get, and how long you can take off depend on rules set out by the government in England and Wales.

Eligibility Criteria for Maternity Pay

To get Statutory Maternity Pay (SMP), you must work for your employer for at least 26 weeks by the 15th week before your baby is due. You also need to earn at least £123 per week (before tax).

If you meet these rules, you qualify for SMP. If not, you may still qualify for Maternity Allowance paid by the government.

You must give your employer notice of your pregnancy and intended leave date at least 15 weeks before your due date. This helps to secure your maternity pay and leave rights.

Statutory Maternity Leave and Ordinary Maternity Leave

You are entitled to 52 weeks of maternity leave. This divides into:

• Ordinary Maternity Leave (OML): 26 weeks
• Additional Maternity Leave (AML): 26 weeks

You have the right to return to the same job after Ordinary Maternity Leave. After Additional Maternity Leave, you have the right to a suitable job if your old one no longer exists.

You can start your maternity leave up to 11 weeks before your baby is due, or on the day your baby is born if earlier.

Calculating Statutory Maternity Pay

SMP is paid for up to 39 weeks. For the first 6 weeks, you get 90% of your average weekly earnings before tax. The next 33 weeks are paid at £172.48 or 90% of your average weekly earnings if that is lower.

Your average weekly earnings are worked out based on the 8 weeks before the 15th week before your due date. This calculation ensures your pay reflects your usual earnings.

Your employer pays SMP and can reclaim some or all of it from the government.

Compulsory and Additional Maternity Leave

You must take at least 2 weeks of Compulsory Maternity Leave immediately after your baby’s birth. This protects your health and the baby’s.

After those 2 weeks, you can choose to take the rest of the 52 weeks as Additional Maternity Leave, which can be up to 26 weeks.

During Additional Maternity Leave, you have similar protection for your job but may not get statutory pay unless Shared Parental Leave or other arrangements apply.

For more details on maternity rights and pay, see the gov.uk maternity leave pages.

Shared Parental Leave and Pay

Shared Parental Leave (SPL) lets you share time off work with your partner after a child’s birth or adoption. Your partner can also use the leave and pay if you both meet specific conditions. This section explains how SPL works, who qualifies, how you take it, and what employers should do.

Introduction to SPL and Shared Parental Pay

SPL allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay after maternity or adoption leave ends early. You or your partner must first end your maternity or adoption leave for SPL to begin.

Statutory Shared Parental Pay (ShPP) is paid at a fixed weekly rate, or 90% of your average weekly earnings if lower. You get paid for each week of the leave you take. This gives flexibility in how you share care with your partner while still receiving some income.

You can use SPL in separate blocks or all at once to fit your needs. The system supports parents sharing childcare responsibilities, accommodating different family arrangements.

Eligibility and Statutory Rules

To be eligible for SPL and ShPP, you and your partner must both meet work and earnings tests. You must also share responsibility for the child at birth or adoption.

The birth parent or adopter must have ended their maternity or adoption leave early. You need to give your employer notice about taking SPL at least eight weeks before starting. This includes a “notice of entitlement” to confirm your right to SPL.

You must provide a written declaration that you meet all the eligibility criteria. Your partner must also provide a declaration, confirming they meet the rules. You cannot get SPL if either of you does not qualify under statutory rules.

Blocks of Leave and Taking SPL

You can take SPL in continuous blocks or as several shorter periods. This lets you split leave time between you and your partner to suit your family’s needs.

You must notify your employer each time you want to take a new block of leave at least eight weeks in advance. Employers have the right to ask for evidence, such as the matching leave entitlement from your partner.

The total SPL taken cannot exceed the unused portion of the maternity or adoption leave. You cannot take SPL before the child’s birth or placement, but you can arrange to start after early maternity or adoption leave ends.

SPL Policy and Guidance for Employers

Employers must understand SPL rules and be ready to handle requests fairly. You should have a clear SPL policy explaining how employees can apply and what evidence they need to provide.

It is important to respond to SPL requests promptly and not refuse them without valid reasons. Employers can ask for specific information but must respect employees’ rights under the law.

Following up-to-date SPL guidance from gov.uk helps employers stay compliant. Clear communication reduces confusion and supports parents in balancing work with childcare responsibilities.

For detailed employer guidance see the gov.uk Shared Parental Leave and Pay page.

Supporting All Types of New Parents

Your rights to leave and pay cover many situations, whether you are a biological parent, adopting, or becoming a parent through surrogacy. Different rules apply depending on your circumstances, and understanding these can help you plan and make the most of your entitlements.

Paternity Leave and Pay

If you are the child’s father or the mother’s partner, you can take up to two weeks of paternity leave. This leave can start on any day of the week after the baby’s birth but must be taken within 56 days.

Paternity pay is usually paid at 90% of your average weekly earnings or the statutory rate, whichever is lower. For 2025, the statutory rate is £172.48 per week. To qualify, you must have been employed for at least 26 weeks by the 15th week before the baby is due.

You can use paternity leave to support the mother, care for the baby, and bond with your child without losing your right to employment during that time.

Adoption Leave and Pay

When you adopt a child, you have a right to adoption leave and pay similar to maternity leave. You can take up to 52 weeks of adoption leave, including 39 weeks of pay.

The pay follows the same rules as maternity pay: you receive 90% of your average weekly earnings for the first 6 weeks and then the lower of the statutory adoption pay rate (£172.48 per week in 2025) or 90% of your average weekly earnings for 33 weeks.

Adoption leave can start up to 14 days before the child’s arrival and lasts for the period you choose within the 52 weeks.

Surrogacy and Parental Orders

If your child is born via surrogacy, your rights to parental leave depend on whether you have a parental order.

You need to apply for a parental order to be recognised legally as the child’s parent. Once granted, the parental order gives you the same rights to parental and paternity leave and pay as other parents.

You should make your employer aware of your situation as early as possible to arrange leave. Keep in mind the timing of parental order approval can affect when you are eligible for these entitlements.

Support for Neonatal Care Needs

If your baby requires neonatal care, you may be entitled to additional leave to help with this critical time.** Neontal care leave** is designed to give parents more time to support their baby in hospital.

This leave is available even if you do not qualify for statutory parental pay. Some employers offer enhanced leave to cover neonatal care needs.

You should notify your employer as soon as possible and provide evidence of your baby’s stay in neonatal care. This will help you access the right support and avoid stress during a difficult time.

Understanding your rights in these situations is key to ensuring you get the leave and pay you deserve while caring for your new child.

Landmark Review of Parental Leave Launched – GOV.UK

Employer Compliance and Employee Rights

You have legal duties to protect employees on maternity and parental leave. You must ensure their rights are respected and follow the latest employment laws closely. This includes offering redundancy protection, understanding maternity-specific rights, and engaging with new policy changes.

Employment Rights and Maternity Rights

You must uphold both general employment rights and specific maternity rights for your employees. During maternity leave, your employee retains the right to return to the same job or a suitable alternative if that is not possible. You must continue to pay statutory maternity pay (SMP) or shared parental pay where eligible.

You are also required to maintain holiday entitlements during leave. Any unfair treatment due to pregnancy or maternity leave is unlawful. These protections apply from the beginning of pregnancy through the leave period.

If you adjust working arrangements after leave, these should be reasonable and agreed upon with your employee. Knowing and respecting maternity rights reduces risk and supports compliance.

Redundancy Protection During Leave

From April 2024, employees on maternity, shared parental, or adoption leave receive stronger protection against redundancy. This protection lasts throughout the leave and for six months after the employee returns to work.

If redundancy cannot be avoided, you must offer suitable alternative roles if available. Failure to do so could lead to claims of unfair dismissal or discrimination.

You should check redundancy procedures carefully with affected employees on leave. Communication is key to maintaining compliance and reducing disputes during this sensitive time.

Policy Engagement and the Employment Rights Bill

The Employment Rights Bill 2025 strengthens protection for employees during important family events, including pregnancy and parental leave. It explicitly forbids unfair dismissal or redundancy during these times.

Engaging with this bill means you should update policies to reflect enhanced protections and clearly communicate these to staff. Training managers about these changes ensures fair treatment and legal compliance.

A proactive approach improves staff confidence and reduces legal risk. Staying informed on policy changes is essential as UK employment law evolves quickly to support families. More details are available in the Employment Rights Bill updates.

Managing Leave, Return to Work and Payroll Implications

You need to organise leave carefully to balance business needs with employee rights. Understanding how to manage different blocks of leave and ensuring payroll reflects the changes is essential. You also must prepare for the employee’s return and know how National Insurance contributions are affected.

Planning and Managing Leave Periods

You can agree with your employee to take maternity or shared parental leave in separate blocks. This flexibility helps you plan workload and cover responsibilities more effectively. It is important to get written notice of the intended leave dates at least eight weeks before the leave starts.

Make sure to record all leave periods accurately. Keep track of when statutory maternity pay or shared parental pay applies, and when unpaid leave begins. Communicate clearly with the employee about returning to work expectations and any contractual terms affecting extended leave. Your contract may require repayment of enhanced maternity pay if the employee does not return to work after their leave, so verify this carefully.

Returning to Work After Leave

When the employee returns, they are entitled to return to the same job with the same terms and conditions. If that is not possible, you should offer a suitable alternative role. You must keep their right to holiday and other benefits during leave.

Flexible working requests related to reproductive health needs or childcare can be made. Consider these requests fairly. The employee may also have ‘keeping in touch’ days to work during leave without losing statutory pay.

Clear communication about return dates and duties will reduce confusion. Helping the transition benefits both your business and your employee.

National Insurance Contributions and Payroll

You must continue to operate National Insurance (NI) contributions and keep payroll updated during leave. Statutory Maternity Pay and Shared Parental Pay are treated as earnings for NI purposes, so you deduct contributions as normal.

You are responsible for paying employer NI contributions on these earnings. If the employee takes unpaid leave, NI deductions stop for that period.

Accurate payroll processing ensures compliance with tax rules and avoids overpayments or underpayments. Check your payroll software can handle different types of leave pay and keep complete records, especially as new neonatal care leave rights start from April 2025.

Keep your payroll team informed about any changes in leave status immediately.

Key Dates, Resources and Ongoing Guidance

You need to track important dates carefully, like the first birthday of the child, as they affect leave eligibility and pay. Staying updated with official guidance ensures you meet all legal obligations. There are clear resources to help you manage statutory maternity, paternity, and shared parental leave correctly.

Understanding Key Dates: First Birthday and Other Milestones

The first birthday of your child is a critical date. Many parental leave rights, including Shared Parental Leave (SPL), must be used before this milestone. If SPL is not taken within the child’s first year, you might lose entitlement to it.

You also need to watch key points such as when the mother starts maternity leave – usually 11 weeks before the due date. Paternity leave must be taken within 56 days of the birth. These deadlines ensure your eligibility for statutory pay and leave benefits.

Keep a calendar of these dates. Missing them can lead to problems with claims or legal compliance. It’s important you plan ahead so your employees or you as a parent can use their full leave rights.

Authoritative Guidance for Employers

Employers must comply with up-to-date legal rules on maternity, paternity, adoption, and shared parental leave. You should familiarise yourself with official guidance to avoid mistakes that can lead to disputes or penalties.

Government updates and workplace law changes should be monitored regularly. For example, recent changes include giving parents day-one rights to certain types of leave and strengthening dismissal protections for pregnant employees and those returning from family leave.

You should also prepare standard procedures to handle requests for leave and pay properly. Having clear policies based on current legal frameworks protects both you and your employees.

Resources for Statutory Leave on gov.uk

The UK government website offers essential resources to guide you through managing statutory maternity and parental leave. On gov.uk, you can find tools to calculate maternity pay and leave dates.

There are downloadable forms and detailed instructions for handling statutory maternity pay, paternity leave, and shared parental leave requests. This helps ensure you get the process right each time.

Using these official resources will support compliance and reduce errors. Bookmarking the relevant pages and checking them regularly will keep your information current as regulations can change.

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