Can You Work While Receiving Maternity Pay? Your Rights Explained and What You Need to Know​

You might be wondering if you can work while receiving maternity pay and what rules apply. Understanding whether you can work while on maternity leave is important because your decision can affect your maternity benefits, employment rights, and payments.

You are allowed to work up to 10 days during your maternity leave without it affecting your maternity pay. These are called Keeping in Touch (KIT) days, and using them can help you stay connected with your employer, understand workplace updates, and prepare for your eventual return.

Many employees ask, “can you work while receiving maternity pay?” The answer depends on the type of maternity pay you receive and the kind of work you do. If you receive Statutory Maternity Pay (SMP), you can use keeping in touch days during your maternity leave, but working beyond the allowed limit may affect your entitlement.

It’s important to know that if you work more than 10 days, whether employed or self-employed, you could lose your maternity pay for the extra days worked. Understanding your rights around this can help you make the best decisions for your situation and avoid unexpected changes to your maternity payments.

Knowing how KIT days work and what is allowed can make returning to work smoother and keep your pay protected. This guide will explain your rights clearly so you know exactly what you can and cannot do while on maternity leave. For detailed guidance, see more about working during maternity leave.

Understanding Maternity Pay and Leave

When you become pregnant, it is important to understand how maternity pay and leave work. Your rights depend on factors like your contract, earnings, and how long you have worked for your employer. Knowing these rules helps you understand whether you can work while receiving maternity pay and how different types of maternity leave affect your income.

Working during maternity leave does not always mean losing your maternity pay, but there are strict conditions you need to follow. Whether you are an employee receiving Statutory Maternity Pay, someone receiving Maternity Allowance, or a self-employed parent, understanding your responsibilities can help you protect your financial support.

This section explains the main types of pay and leave available to you, including eligibility rules, payment periods, and how working arrangements may influence your entitlement.

Statutory Maternity Pay Explained

Statutory Maternity Pay (SMP) is paid by your employer for up to 39 weeks. To qualify, you must have worked for the same employer continuously for at least 26 weeks up to the “qualifying week.” The qualifying week is the 15th week before your baby’s due date.

SMP is paid only if your average weekly earnings are at least the lower earnings limit set by the government. For the first 6 weeks, you get 90% of your average weekly earnings. After that, SMP is paid at a fixed rate or 90% of your average weekly earnings, whichever is lower.

If you are considering whether you can work while on maternity leave, it is important to understand how SMP interacts with employment. You can use keeping in touch days without normally affecting your SMP, allowing you to complete agreed work activities while remaining on maternity leave.

Remember, SMP depends on your contract of employment and how long you have been employed. If you work during maternity leave outside the permitted arrangements, your SMP can stop. You can read more about statutory maternity pay here.

Maternity Allowance Eligibility

If you don’t qualify for SMP, you may get Maternity Allowance instead. This usually applies if you are self-employed, have recently changed jobs, or your earnings are below the SMP limit.

Maternity Allowance can be paid for up to 39 weeks. The amount depends on your recent earnings. It can be either a flat weekly rate or a percentage of your average weekly earnings, whichever is lower.

If you are receiving Maternity Allowance, the rules around working while on maternity leave are different from SMP. You may be able to continue some work, but you must follow the reporting requirements and understand how your earnings may affect your payment.

To apply, you need proof of your employment or self-employment history. You cannot receive both SMP and Maternity Allowance at the same time. For details on Maternity Allowance eligibility and payments, see more here.

Ordinary and Additional Maternity Leave

You have the right to a total of 52 weeks’ statutory maternity leave. This is split into two parts: 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.

During Ordinary Maternity Leave, you can receive SMP or Maternity Allowance. Your employment rights, like pay rises, holiday accrual, and protection from unfair treatment, still apply during both parts of the leave.

Additional Maternity Leave lets you take more time off but usually without maternity pay. You must tell your employer at least 15 weeks before your baby is due when you want your leave to start.

If you are planning on working during maternity leave, you should understand how your leave period and payment entitlement interact. While you can use approved options such as keeping in touch days, carrying out regular work during maternity leave may affect your maternity pay and your employment status during that period.

You are also entitled to return to your job after maternity leave under the same contract. Your rights during this leave are explained in detail here.

Your Right to Work While Receiving Maternity Pay

You can work during your maternity pay period, but there are specific rules about how much you can work and how it affects your pay. These rules differ depending on whether you receive Statutory Maternity Pay (SMP), Maternity Allowance, or if you are self-employed.

Many employees ask, “can you work while receiving maternity pay?” The answer is yes in certain situations, but you must understand the limits. The purpose of maternity leave is to give you time away from work after having a baby, so any work completed during this period must follow the legal rules.

Understanding these rules helps protect your employment rights and your maternity benefits. It also helps employers manage payroll correctly and avoid incorrect maternity pay calculations.

Working During Statutory Maternity Pay Period

If you receive Statutory Maternity Pay, you are allowed to work up to 10 ‘keeping in touch’ (KIT) days during your maternity leave. These days let you work without losing your SMP.

KIT days can include training, attending meetings, completing workplace updates, or carrying out specific work tasks. However, they must be agreed on by you and your employer. You cannot be forced to work during these days, and you don’t have the right to insist on working either.

Using keeping in touch days can be helpful if you want to remain connected with your workplace while receiving maternity pay. They can make your return to work easier by allowing you to understand changes in your role, new systems, workplace policies, or team updates.

If you work more than 10 days, your SMP might stop. Any work outside of these days can also affect your maternity pay, so make sure you keep track of the days worked.

Rules for Self-Employed Individuals

If you are self-employed, you won’t get SMP because it is paid by an employer. Instead, you may be entitled to Maternity Allowance, which is a benefit paid by the government.

You can carry on working while receiving Maternity Allowance, but the amount you earn may influence how much allowance you get. If you continue trading or doing your self-employed work, you must report this as it could reduce your payment.

For self-employed parents, the decision to work while on maternity leave often depends on business responsibilities, income needs, and the rules surrounding Maternity Allowance. Keeping accurate records of your working activities and income can help prevent payment issues.

Unlike SMP, there are no specific KIT days for self-employed individuals. You have more flexibility but must follow the rules set by the Department for Work and Pensions on how much you can earn while claiming.

Receiving Maternity Allowance and Working

When receiving Maternity Allowance, working is permitted but limited. You should be aware that doing any paid work could impact the allowance you receive because it is based on your earnings.

Maternity Allowance is for those who don’t qualify for SMP, such as self-employed people or employees with low hours. You can work, but reporting all income accurately is vital.

Your maternity rights include continuing to claim the allowance unless your earnings are too high. If you are unsure, you can check the exact limits on working and pay with the government’s Maternity Allowance guidelines.

Working too much without reporting might lead to overpayments that you’ll have to repay. This is why anyone planning to work while receiving maternity pay should understand their obligations before starting additional work.

For more details on working rules during maternity pay, visit employee rights when taking maternity and other types of parental leave.

Keeping in Touch Days and Flexible Working

You can stay connected to your job during maternity leave through specific working days and flexible arrangements. These options help you manage your return without losing your maternity pay or rights.

For many employees, keeping in touch days provide a practical way to stay involved with their workplace while taking maternity leave. They allow you to gradually reconnect with your employer, understand workplace changes, and prepare for your return without ending your maternity leave early.

If you are considering whether you can work while receiving maternity pay, understanding how keeping in touch days operate is essential. These days are designed to provide flexibility while ensuring your maternity benefits remain protected when used correctly.

How Keeping in Touch Days Work

During your maternity leave, you are allowed to work up to 10 Keeping in Touch (KIT) days. These days let you do work for your employer without ending your maternity leave or affecting your maternity pay.

Keeping in touch days can include attending training sessions, team meetings, conferences, workplace updates, or completing agreed tasks. They are particularly useful if you want to remain familiar with your role before returning to work after maternity leave.

Both you and your employer must agree on the nature of work and pay for these KIT days before you start. Your employer cannot force you to use keeping in touch days, and you do not have to accept them if you do not wish to work during your maternity leave.

KIT days help you stay updated on workplace changes, maintain links with your team, and ease the transition back to work. If you go beyond the 10 KIT days, your maternity leave could end early, and your pay might be affected.

You don’t have to use all 10 days. Using some or none of them won’t affect your rights, and the days are optional for both you and your employer.

Planning your keeping in touch days carefully can help you balance your personal responsibilities with your career. They can be especially helpful if your workplace has introduced new systems, policies, or procedures while you have been away.

You can find more on this from gov.uk’s explanation of employee rights on leave.

Flexible Working Arrangements

You have the right to request flexible working once you return from maternity leave. Flexible working can include part-time hours, adjusted start and finish times, or working from home.

If you are thinking about how to work while on maternity leave or how to manage your return afterwards, flexible working can provide a long-term solution that supports both your childcare responsibilities and your professional commitments.

To request this, you must apply in writing to your employer. They must consider the request seriously but can refuse if they have valid business reasons.

Flexible working arrangements can help you balance childcare with your job. It’s a way to stay productive while adapting to changes in your family life.

You should discuss your options well before returning. Employers may agree to trial periods to see if the new arrangement works well for both sides.

Your rights to flexible working are part of your overall employment rights, helping you manage work without losing performance expectations or parental leave benefits. More details are available on Working Families’ guide on working during maternity leave.

Implications of Working on Your Pay and Rights

If you work while receiving maternity pay, there are important effects on your payments and employment rights. Understanding these details helps you avoid losing your maternity benefits or facing contract issues.

Before deciding to work while receiving maternity pay, you should understand how your employment situation affects your entitlement. The rules are different depending on whether you are using keeping in touch days, returning to work early, starting another job, or carrying out self-employed work.

Failing to follow the correct rules can result in changes to your maternity payments or create difficulties with your employer. Careful planning ensures you remain compliant while protecting your maternity rights.

Impact on Statutory Maternity Pay

If you work for your current employer during your statutory maternity leave, your Statutory Maternity Pay (SMP) will usually stop immediately. This applies whether you do full-time or part-time work.

Working for a different employer during this period will also end your SMP. The reason is that SMP is paid to support you while you are not working for your main employer.

However, using approved keeping in touch days is different. These allow limited work during maternity leave without automatically stopping your SMP, provided you stay within the permitted number of days.

Your contract of employment remains in place, but the pay linked to maternity leave stops once you start working outside the allowed arrangements. You can still return to your job later with full employment rights, but you will not receive SMP during the time you work.

More details on working during maternity leave explain conditions and exceptions to this rule.

Maternity Allowance and Employment Changes

If you are not eligible for SMP, you might receive Maternity Allowance (MA) instead. Working during MA payments can affect your allowance differently, so it is important to understand the rules before deciding whether you can work while receiving maternity pay support.

If you return to work for the same employer, your MA will stop. Starting a new job will also end the allowance. Unlike SMP, MA does not depend on your contract of employment but on your eligibility based on recent work and earnings history.

Because MA is designed for people who do not qualify for SMP, its rules are stricter about working while receiving payment. If you do work, you should report it to the agency paying the allowance to avoid overpayments.

Understanding how working affects both SMP and MA helps you plan your return and protects your maternity pay and rights. Whether you are planning to work while on maternity leave, return earlier than expected, or continue some professional activities, knowing the impact on your payments can help you avoid unexpected issues.

You can find further guidance on employment rights during maternity leave at Citizens Advice.

Employment Status and Self-Employed Considerations

Your status as self-employed affects how maternity pay and related benefits work for you. There are specific rules about paying National Insurance and whether you need to apply for exceptions based on your earnings. Understanding these details helps you protect your benefits and avoid unnecessary payments.

If you are self-employed and looking into whether you can work while receiving maternity pay, it is important to understand that the rules differ from employees receiving Statutory Maternity Pay. Your entitlement usually depends on Maternity Allowance, your earnings history, and your National Insurance record.

Many self-employed parents choose to work while on maternity leave in a limited way to maintain client relationships or manage essential business tasks. However, you should always check how your work activities affect your maternity benefits before continuing with regular paid work.

Class 2 National Insurance Contributions

If you are self-employed, paying Class 2 National Insurance Contributions (NICs) is important for qualifying for maternity benefits like Maternity Allowance. You usually need to have paid Class 2 NICs for at least 13 weeks in the relevant tax years before your due date.

Class 2 NICs also count towards other benefits, such as Employment and Support Allowance. If you don’t pay these contributions, you risk losing entitlement to certain state benefits.

You pay Class 2 NICs if your profits are above the Small Profits Threshold, which is set each tax year. If your earnings are low, you might not have to pay Class 2 NICs but this could affect your maternity benefits.

For self-employed individuals, understanding National Insurance requirements is especially important when planning to work while on maternity leave. Maintaining an accurate NIC record helps ensure you continue meeting the conditions required for maternity-related support.

Small Earnings Exception Certificate

If your self-employed earnings are below the Small Profits Threshold, you can apply for a Small Earnings Exception Certificate. This certificate lets you skip Class 2 National Insurance payments without losing your benefit rights.

With this certificate, you may still qualify for maternity benefits even if you don’t pay Class 2 NICs regularly. It helps protect your state benefit record while you earn less.

You need to apply for the certificate through HM Revenue & Customs and keep it up to date each year. Without it, you might miss out on maternity pay and other support because your NIC record appears incomplete.

You should check if you qualify for this exception and apply as early as possible to avoid problems when claiming maternity benefits. For more details, see the section on maternity rights for self-employed workers.

Knowing your responsibilities as a self-employed parent can make working during maternity leave easier to manage. Keeping accurate financial records, reporting income correctly, and understanding benefit rules can help you continue your work without creating unnecessary payment issues.

Returning to Work After Maternity Leave

When you return to work after maternity leave, there are specific steps you must take to inform your employer. You also have important rights that protect your job and working conditions. Knowing your responsibilities and protections ensures a smooth transition back to work.

Many employees who have been working during maternity leave use this stage to gradually adjust back into their normal working routine. Understanding your return-to-work rights, maternity pay arrangements, and available support options can help you make informed decisions about balancing employment and childcare responsibilities.

If you have previously used keeping in touch days, these can make the transition easier by helping you stay connected with your workplace, understand changes, and prepare for your return. These days are designed to support employees without ending maternity leave early or affecting their maternity rights.

Notice Requirements for Returning

You must tell your employer when you plan to come back to work. The usual rule is to give at least eight weeks’ notice before the end of your statutory maternity leave. This helps your employer prepare for your return.

If you want to come back earlier than planned, you must also inform your employer in writing, usually with eight weeks’ notice. Failure to give proper notice could lead to losing your right to return.

If you do not intend to return to work, you should inform your employer by following your normal resignation process. This keeps everything clear and professional.

Employees considering whether they can work while receiving maternity pay should also understand that returning to work usually affects maternity payments. Once you resume normal work, your eligibility for certain maternity benefits may change depending on whether you receive Statutory Maternity Pay or Maternity Allowance.

Protecting Your Employment Rights

You have the right to return to the same job after your maternity leave if your leave was 26 weeks or less. Your pay, benefits, and working conditions must be the same as before you went on leave.

If your maternity leave lasts longer than 26 weeks, your employer can offer you a similar role if the original job is no longer available. This job must be suitable and have the same pay and conditions.

Your contract of employment remains in force during maternity leave. You also have protection against unfair treatment or dismissal because of your maternity leave or parental responsibilities.

Understanding these protections is important if you are planning to work while on maternity leave or preparing to return after a period away from work. Your employer must continue respecting your legal rights throughout your maternity leave period and during your return.

More details about these rights are available in the guide on returning to work after maternity leave.

Other Relevant Leave and Pay Schemes

You have different types of leave and pay options linked to having or caring for a child. These include shared parental leave, paternity leave, and adoption pay. Each one has rules about how much time you can take and what pay you might get.

Understanding these alternatives can help you decide the best approach if you are considering working during maternity leave or sharing childcare responsibilities with your partner. These schemes provide additional flexibility while helping parents manage their employment and family commitments.

Shared Parental Leave Options

Shared parental leave (SPL) lets you share up to 50 weeks of leave with your partner after your child is born or adopted. You can use this leave in up to three blocks, giving you flexibility to work and care for your child at different times.

To qualify, you need to meet earnings and employment length rules. You and your partner must both share the main responsibility for the child. Statutory shared parental pay (ShPP) is paid during leave if you qualify, usually at a set weekly rate or 90% of your average weekly pay, whichever is lower.

You must give your employer at least 8 weeks’ notice before taking SPL and agree on the pattern of leave. This leave can be taken by either parent but not at the same time.

Shared parental leave can be useful for parents who want greater flexibility instead of following a traditional maternity leave arrangement. It may also help families plan periods where one parent returns to work while the other provides childcare.

Paternity Leave and Paternity Pay

Paternity leave is for fathers or partners to take time off soon after a child’s birth or adoption. You can take either 1 or 2 weeks of paternity leave, but not odd days or split weeks.

Statutory paternity pay (SPP) is available if you meet earnings and employment tests. SPP is paid at a fixed weekly rate or 90% of your average weekly pay, whichever is less. To get it, you must inform your employer at least 15 weeks before the baby is due or within 7 days of adoption being confirmed.

You cannot work during paternity leave and still get pay, but you can use up to 10 keeping in touch days if agreed with your employer.

These options allow parents to remain involved in childcare while maintaining links with employment. Understanding how different leave schemes interact with maternity pay helps families make better decisions about returning to work.

Statutory Adoption Pay Overview

Statutory adoption pay (SAP) helps pay if you adopt a child. You can get up to 39 weeks of SAP, starting from the date your child is placed with you.

To qualify, you need to have worked for your employer for at least 26 weeks by the week you are notified of the adoption. SAP is paid at either the standard weekly rate or 90% of your average weekly earnings.

You must give your employer proof of the adoption and notify them in advance of your leave dates. SAP can be combined with shared parental leave if you choose to share your leave with your partner.

Like maternity pay arrangements, adoption pay rules are designed to support parents while they take time away from work. Understanding your options can help you plan your return and decide whether working while on maternity leave or another type of parental leave is suitable for your circumstances.

Legal Protections and What To Do If Your Rights Are Breached

You have specific legal protections when working while receiving maternity pay. If these rights are ignored or broken, there are clear steps you should take to address the problem and protect yourself.

Understanding your rights is especially important if you are considering whether you can work while receiving maternity pay or if you have concerns about how your employer is managing your maternity leave. Employment laws are designed to make sure employees are not treated unfairly because they are pregnant, taking maternity leave, or planning their return to work.

Whether you are using keeping in touch days, preparing to return to your role, or dealing with workplace changes, your employer must continue to follow maternity protection rules and respect your employment rights.

Sex Discrimination and Maternity Rights

You are protected against sex discrimination, which includes unfair treatment because of pregnancy or maternity. The Equality Act 2010 makes it unlawful for employers to treat you badly or dismiss you for reasons linked to pregnancy, childbirth, or maternity leave.

This protection covers unfair dismissal, refusal of maternity leave, or not paying your maternity pay properly. It also protects you from being treated differently compared to other employees due to your pregnancy status.

Your employer must follow maternity rights, including allowing paid antenatal appointments and giving you maternity leave and pay. If you believe you are being treated unfairly because you are pregnant or on maternity leave, you can challenge this under these laws.

If you choose to work while on maternity leave, your employer must also ensure that any arrangements, including approved work activities or keeping in touch days, are handled fairly. You should not face pressure to return early or work beyond what is legally permitted.

How to Raise an Issue with Your Employer

If your rights are breached, start by raising the issue with your employer directly. You should put your complaint in writing, clearly explaining the problem and what rights you believe have been violated.

Keep a record of all communications, including emails and meeting notes. This documentation is essential if you need to take the issue further.

If your employer has a formal grievance procedure, follow it carefully. You can also seek advice from organisations that specialise in employment rights or maternity issues. Early dialogue can sometimes resolve problems without legal action.

If the issue relates to maternity pay, working during maternity leave, or concerns about returning to work, keeping detailed records of payments, agreements, and conversations with your employer can help support your position.

Taking a Case to Employment Tribunal

If raising your concerns with your employer does not work, you can take your case to an employment tribunal for a legal hearing. Tribunals deal with disputes such as unfair dismissal or discrimination related to maternity.

You must usually bring a claim within three months less one day of the incident. Before going to tribunal, you often need to notify Acas for early conciliation, which aims to settle disputes outside court.

At the tribunal, you can claim compensation for lost pay or unfair treatment. Preparing your evidence carefully and understanding the process can improve your chances of success. Tribunal decisions are legally binding on your employer.

If you believe your rights have been affected while working while receiving maternity pay, taking early action can help prevent further problems. Understanding the correct process ensures you protect both your employment position and your maternity-related entitlements.

Practical Information and Support

You have the right to maternity pay and leave while protecting your job. It’s important to understand your pay amount, how to handle necessary forms, and where to seek advice if you need help during this time.

Having the right information can make decisions about Work While Receiving Maternity Pay much easier. Whether you are planning to use keeping in touch days, continue limited work activities, or prepare for returning to your role, knowing the rules helps you avoid mistakes that could affect your payments.

Using a Maternity Pay Calculator

A maternity pay calculator helps you work out how much you could receive during your leave. To use one, you’ll need details such as your average weekly earnings, your due date, and how long you plan to take off work.

Many websites offer free calculators that factor in Statutory Maternity Pay (SMP) rules. These tools consider your pay before tax and any changes if you work during maternity leave (up to 10 keeping in touch days).

Using a calculator gives you a clearer idea of your income so you can plan your budget and time off accordingly.

A maternity pay calculator can also help if you are comparing different options, such as returning earlier, taking full maternity leave, or understanding how work while on maternity leave could affect your overall income.

Where to Find Guidance and Help

You can get clear advice on maternity rights from official websites and organisations. GOV.UK covers maternity pay and leave rules, including what happens if you work during leave.

Working Families and Acas offer support on your employment rights, such as how your pay and holiday accrue during maternity leave.

If you face issues like discrimination or need help understanding your rights after miscarriage or antenatal appointments, these organisations provide reliable guidance.

You can also speak to your employer’s HR department or unions for tailored support.

Getting professional advice before making decisions about working during maternity leave can help you understand your responsibilities and avoid issues with maternity pay eligibility.

SMP1 Form and Jobcentre Plus

Your employer will give you an SMP1 form when you tell them you’re pregnant. This document confirms your eligibility for maternity pay and is needed if you apply for benefits.

If you’re planning to claim Universal Credit or other benefits while on leave, you’ll often need to show this form to Jobcentre Plus.

You should give your employer your due date as early as possible. This helps them send the correct paperwork and calculate your pay.

In case of a miscarriage after 24 weeks, you still have maternity leave and pay rights, so keep your SMP1 form handy.

Understanding paperwork such as the SMP1 form is an important part of managing maternity pay correctly. It can help prevent delays and ensure you receive the support you are entitled to while taking maternity leave.

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Case Study: Helping a UK Employer Manage Statutory Maternity Pay and Employee Leave Responsibilities

Sarah contacted our Farringdon office after her business hired additional staff and she needed support managing maternity leave and Statutory Maternity Pay (SMP) responsibilities correctly. As her company continued to grow, she wanted to ensure payroll processes were accurate and that employee maternity payments were handled in line with HMRC requirements.

During the consultation, Sarah explained that she understood employees were entitled to maternity leave but was unsure about how Statutory Maternity Pay should be calculated, how Keeping in Touch (KIT) days affected payments, and what payroll records needed to be maintained.

Cigma Accounting reviewed Sarah’s payroll procedures and explained how employers should manage maternity pay obligations throughout the employee’s leave period. We discussed the importance of checking employee eligibility for SMP, applying the correct payment rates, maintaining accurate payroll records, and reporting maternity payments correctly through payroll submissions.

We also explained how businesses should manage situations where employees use KIT days during maternity leave. For example, employees can work up to 10 KIT days without normally affecting their maternity leave entitlement, but employers must record these days correctly and ensure payments are processed accurately.

Sarah was advised on key areas including:

• Calculating Statutory Maternity Pay payments correctly through payroll
• Maintaining accurate employee maternity records and supporting documents
• Understanding how KIT days can be used during maternity leave
• Ensuring payroll submissions reflect maternity-related payments
• Reviewing employment arrangements to remain compliant with HMRC payroll requirements

By implementing a clearer payroll process and maintaining organised records, Sarah gained confidence that her business could support employees during maternity leave while meeting its legal responsibilities.

The guidance helped Sarah better understand how maternity pay, payroll reporting, and employee rights work together. With improved processes in place, her business was able to manage maternity leave arrangements more efficiently and reduce the risk of payroll errors or compliance issues.