Maternity Leave Rights: What You Are Entitled To

All employees are entitled to up to 52 weeks of statutory maternity leave, regardless of length of service or hours worked. This is split into:

• ✓Ordinary Maternity Leave (OML): the first 26 weeks
• ✓Additional Maternity Leave (AML): the following 26 weeks
• ✓You do not have to take the full 52 weeks, you can return earlier if you choose
• ✓You must take at least 2 weeks after the birth (4 weeks if you work in a factory)
• ✓Your employer may offer enhanced (contractual) maternity leave, check your contract
• ✓Maternity leave applies whether you are having a biological child or adopting (adoption leave has similar rules)

Statutory Maternity Pay (SMP) is paid for up to 39 weeks:

You must tell your employer about your pregnancy and intended maternity leave dates. The rules:

• ✓Tell your employer at least 15 weeks before your due date (the 25th week of pregnancy)
• ✓Tell them: that you are pregnant, your baby's due date, and when you intend to start maternity leave
• ✓Your employer must respond within 28 days confirming your return date
• ✓You can change your start date with 28 days' notice (where possible)
• ✓Your employer cannot refuse maternity leave or make it conditional on anything
• ✓You should provide a MATB1 form (maternity certificate) from your midwife or GP, usually available from week 20

During maternity leave, you retain most of your employment rights:

• ✓Your employment contract continues, you remain an employee
• ✓Holiday accrues at your normal rate throughout maternity leave (including additional maternity leave)
• ✓Pension contributions: your employer must continue contributing based on your normal salary, not your reduced SMP
• ✓Non-pay contractual benefits continue: company car, health insurance, gym membership (if contractual)
• ✓Bonus: if your bonus is related to performance during a period that includes maternity leave, you may have a right to a pro-rated bonus
• ✓You must be kept informed of relevant workplace changes, promotions, restructuring, vacancies
• ✓You have the right to work up to 10 'Keeping in Touch' (KIT) days without losing SMP

Your return-to-work rights depend on when you return:

• ✓Return after OML (first 26 weeks): right to return to the same job, with the same terms and conditions
• ✓Return after AML (second 26 weeks): right to return to the same job, or if that is not reasonably practicable, a suitable alternative on no less favourable terms
• ✓You must give 8 weeks' notice if you want to return earlier than your original return date
• ✓If you are not allowed to return, this is likely automatic unfair dismissal and sex discrimination
• ✓You can request flexible working on your return, from day one of employment, see our flexible working guide
• ✓Redundancy during maternity leave: you must be offered any suitable alternative vacancy before other employees

After the first 2 weeks of maternity leave, you and your partner can choose to convert remaining maternity leave into Shared Parental Leave (SPL), allowing your partner to take some of the leave and pay:

• ✓Up to 50 weeks of SPL and 37 weeks of Shared Parental Pay can be shared between you and your partner
• ✓SPL can be taken in blocks, not necessarily in one continuous period
• ✓Both partners can take SPL at the same time
• ✓SPL can only be taken after the first 2 weeks of maternity leave, these must be taken by the mother
• ✓Statutory SPL pay rate is the same as SMP weeks 7 to 39: £194.32/week (2026/27) or 90% of earnings, whichever is lower
• ✓Some employers offer enhanced SPL pay, check your contract and your partner's

Fathers and partners have a separate, shorter entitlement:

• ✓Statutory Paternity Leave: 1 or 2 weeks, must be taken within 56 days of birth
• ✓Statutory Paternity Pay: £194.32/week (2026/27) or 90% of earnings, whichever is lower
• ✓To qualify: must have been continuously employed for 26 weeks by the 15th week before the due date and earn above the lower earnings limit
• ✓Paternity leave cannot be split into individual days, it must be taken as 1 or 2 consecutive weeks
• ✓The Paternity Leave (Bereavement) Act 2024 introduced a right to 2 weeks' paternity leave for bereaved parents, regardless of service

• ✓It is unlawful to treat you less favourably because of your pregnancy or maternity leave, this is automatic sex discrimination
• ✓You cannot be dismissed, selected for redundancy, or denied promotion because of pregnancy or maternity
• ✓Pregnancy and maternity is a protected period, from when you become pregnant until your maternity leave ends (or 2 weeks after birth if you don't take leave)
• ✓You do not need 2 years' service to bring a pregnancy/maternity discrimination claim
• ✓Detriments such as poor performance reviews, changes to role, exclusion from meetings, all can amount to discrimination if connected to pregnancy or maternity
• ✓See our Redundancy guide for specific rules on redundancy during maternity leave