Overview of Statutory Maternity Leave in the UK
Welcoming a new baby is a life-changing moment, and understanding your rights as a parent is crucial. Statutory Maternity Leave in the UK is designed to protect and support expecting mothers during this significant period. It provides time off work before and after childbirth, allowing families to bond and adapt to their new roles. This legal entitlement applies to employees regardless of their length of service or hours worked. The current statutory provision ensures that eligible parents can take up to 52 weeks off work, divided into Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the following 26 weeks). Eligibility for statutory maternity leave is straightforward: you must be an employee, give proper notice to your employer, and provide proof of pregnancy if requested. There are no minimum earnings or continuous employment requirements for taking leave itself, though there are additional criteria for receiving statutory maternity pay.
Entitlement |
Details |
|---|---|
Total Maternity Leave |
Up to 52 weeks (Ordinary + Additional) |
Eligibility Criteria |
Must be an employee and notify employer at least 15 weeks before due date |
Proof Required |
MATB1 certificate (if requested by employer) |
Legal Protection |
Right to return to work, protection from unfair treatment or dismissal |
This supportive framework reflects the UKs commitment to family wellbeing, giving parents peace of mind as they focus on their child’s early development. Understanding these basics helps set the foundation for a positive transition into parenthood.
Key Differences: Statutory Maternity Leave vs. Statutory Maternity Pay
For parents in the UK, understanding the distinction between Statutory Maternity Leave and Statutory Maternity Pay is essential for planning your family’s future and ensuring your rights are protected. While these terms are often used together, they refer to two separate entitlements that work hand-in-hand but have different purposes, eligibility requirements, and durations. Let’s explore what sets them apart:
What is Statutory Maternity Leave?
Statutory Maternity Leave is your legal right to take time off work when you’re expecting a child. All employees, regardless of how long they’ve worked for their employer, are entitled to up to 52 weeks of maternity leave. This period is split into:
- Ordinary Maternity Leave (OML): The first 26 weeks
- Additional Maternity Leave (AML): The following 26 weeks
You can choose to take less than the full 52 weeks, but you must take at least 2 weeks after your baby is born (or 4 weeks if you work in a factory setting). Importantly, maternity leave is about your right to be away from work – it doesn’t automatically guarantee pay during this period.
What is Statutory Maternity Pay?
Statutory Maternity Pay (SMP) is the financial support provided by your employer while you’re on maternity leave. It’s available for up to 39 weeks if you meet certain eligibility criteria. SMP is paid as follows:
- First 6 weeks: 90% of your average weekly earnings before tax
- Next 33 weeks: £172.48 per week or 90% of your average weekly earnings (whichever is lower)
SMP begins when you start your maternity leave (or when you are absent from work due to pregnancy-related illness within four weeks of your due date).
Eligibility Requirements at a Glance
| Maternity Leave | Maternity Pay | |
|---|---|---|
| Who qualifies? | All employees, no minimum service required | Employees with at least 26 weeks’ continuous service by the end of the ‘qualifying week’ (15th week before the baby is due), earning at least £123 per week (before tax) |
| How long can I get it? | Up to 52 weeks | Up to 39 weeks |
| Is it paid? | No – it’s unpaid unless you qualify for SMP or other benefits | Yes – see rates above |
| When does it start? | No earlier than 11 weeks before expected week of childbirth, unless triggered by birth or pregnancy-related illness | Usually starts at the same time as maternity leave |
The Bottom Line for Parents in the UK
Maternity leave and pay serve different functions: one guarantees time away from work to bond with and care for your newborn; the other offers financial support during that precious early period. By knowing exactly how each works and understanding what you’re entitled to, you can approach parenthood feeling more confident and secure, ready to nurture both yourself and your growing family.
3. How to Apply for Maternity Leave and Pay
Navigating the process of applying for statutory maternity leave and pay in the UK can feel overwhelming, especially when you’re balancing excitement, nerves, and all those big feelings about your growing family. To help parents stay on track, here’s a step-by-step guide through the essential paperwork, deadlines, and best practices for keeping communication open with your employer.
Informing Your Employer: The First Step
It’s important to let your employer know about your pregnancy and intended maternity leave as soon as you feel comfortable—many parents choose to wait until after their 12-week scan. However, by law, you must inform your employer no later than the end of the 15th week before your baby is due (around 25 weeks into pregnancy). Open and early communication can help set the tone for a supportive working relationship throughout your journey.
Key Steps to Notify Your Employer:
| Step | What to Do | Deadline |
|---|---|---|
| Written Notification | Tell your employer when you want to start your maternity leave and provide your expected due date (usually in writing). | No later than the end of the 15th week before your due date |
| MATB1 Certificate | Provide your MATB1 certificate (issued by your midwife or GP after 20 weeks) to confirm your pregnancy and due date. | As soon as possible after receiving it |
The Paperwork: What You’ll Need
Your MATB1 certificate is the key document for both leave and pay. If youre applying for Statutory Maternity Pay (SMP), you may also need to fill out an SMP1 form if you are not eligible. Keep copies of all documents and communications—it’s always reassuring to have everything at hand, especially during this emotionally significant time.
Essential Documents Checklist:
- MATB1 Certificate: Proof of pregnancy and due date
- Written Notification: Letter or email to employer specifying start date of leave
- SMP1 Form: Only if SMP is refused (your employer will provide this)
Important Deadlines to Remember
Maternity leave can start any time from 11 weeks before your due date up until the day after your baby is born. You must give at least 28 days’ notice before you want your leave (and SMP) to begin. If plans change—because babies do have their own timing!—let your employer know as soon as possible so they can support you accordingly.
Summary Table: Key Deadlines & Actions
| Action | Deadline/Timing |
|---|---|
| Notify employer of intention to take maternity leave/pay | No later than 15 weeks before due date |
| Submit MATB1 certificate to employer | Soon after receiving at 20 weeks pregnant |
| Provide 28 days’ notice of when you want leave/pay to start | No less than 28 days before chosen start date |
| If changing return-to-work date, give notice to employer | At least 8 weeks before new return date |
This careful planning isn’t just about ticking boxes—it’s about giving yourself peace of mind so you can focus on bonding with your little one. Staying organised helps ensure you get the benefits you’re entitled to, while building trust with your employer as you prepare for this exciting next chapter.
4. Financial Entitlements and Additional Benefits
When preparing for the arrival of your little one, understanding your financial entitlements is key to feeling secure and supported. Statutory Maternity Pay (SMP) forms the backbone of most parents’ maternity income in the UK, but there are also additional benefits and, in some cases, enhanced pay provided by employers.
Statutory Maternity Pay: Current Rates
SMP is typically paid for up to 39 weeks. For the first 6 weeks, you receive 90% of your average weekly earnings before tax. After that, for the next 33 weeks, you will receive either £172.48 per week or 90% of your average weekly earnings (whichever is lower). Here’s a quick summary:
| Period | Amount Paid |
|---|---|
| First 6 weeks | 90% of average weekly earnings (before tax) |
| Next 33 weeks | £172.48 per week OR 90% of average weekly earnings (whichever is lower) |
| Total duration | Up to 39 weeks |
Maternity Allowance: An Alternative Option
If you do not qualify for SMP—perhaps due to recent changes in employment or self-employment—you might be eligible for Maternity Allowance. This benefit is designed to support those who have been working but aren’t entitled to SMP from their employer. The standard rate is currently £172.48 per week for up to 39 weeks, though it may be less depending on your previous income.
Who Can Claim Maternity Allowance?
- If you’re self-employed or have recently changed jobs and can’t get SMP.
- If you’ve worked at least 26 weeks in the 66 weeks before your baby’s due date and earned at least £30 a week in at least 13 of those weeks.
Enhanced Maternity Pay: What Some Employers Offer
Certain employers go above and beyond statutory requirements by providing enhanced maternity pay schemes. This could include full pay for a set number of weeks or an increased percentage over SMP rates. It’s always worth checking your contract or speaking with HR, as these policies can significantly ease financial worries during early parenthood.
Additional Support for Families
Alongside these main options, some families may also qualify for benefits such as Universal Credit, Child Benefit, or Tax-Free Childcare as their family grows. These can provide ongoing support as you adjust to new routines and responsibilities, helping you focus on bonding with your child and nurturing their emotional wellbeing during this transformative period.
5. Protecting Your Rights During Maternity Leave
Understanding your rights at work is essential for a smooth and confident transition into parenthood. The UK has established clear legal protections for parents before, during, and after statutory maternity leave, ensuring your wellbeing and career are safeguarded as you expand your family.
Your Workplace Rights: An Overview
| Stage | Your Rights |
|---|---|
| Before Maternity Leave | You have the right to paid time off for antenatal appointments, protection from unfair treatment or dismissal due to pregnancy, and adjustments to your work environment to ensure your health and safety. |
| During Maternity Leave | Your job is protected. You continue to accrue annual leave and are entitled to any pay rises or improvements in conditions that occur while you are on leave. You can also use up to 10 Keeping in Touch (KIT) days for training or work without ending your leave. |
| After Maternity Leave | You have the right to return to the same job (if you take Ordinary Maternity Leave) or a similar role with the same terms and conditions (if you take Additional Maternity Leave). You are also protected from redundancy related to your maternity status. |
Health and Safety at Work
Your employer must carry out a risk assessment when they are informed of your pregnancy. If your role poses risks (for example, heavy lifting or exposure to harmful substances), your employer must make reasonable adjustments, offer alternative work, or suspend you on full pay if no safe option is available.
Keeping in Touch (KIT) Days
KIT days allow you to stay connected with your workplace without bringing your leave to an end. These can be used flexibly for meetings, training sessions, or catching up with colleagues, helping you maintain professional connections and confidence as you prepare to return.
Returning to Work: Support and Flexibility
Returning after maternity leave can be both exciting and challenging. You have the right to request flexible working arrangements to support your new family life—such as part-time hours or job sharing—and your employer must consider these requests seriously. Additionally, you should be welcomed back into a supportive environment, with equal opportunities for progression and development as before.
6. Common Questions and Support for New Parents
As you embark on your journey into parenthood, it’s natural to have plenty of questions about statutory maternity leave and pay in the UK. Below, we’ve answered some of the most frequently asked questions and included links to trusted resources and organisations that provide support for new and growing families.
Frequently Asked Questions
| Question | Answer |
|---|---|
| How long is statutory maternity leave? | You are entitled to up to 52 weeks of statutory maternity leave – made up of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. |
| How much will I be paid during maternity leave? | Statutory Maternity Pay (SMP) is paid for up to 39 weeks. For the first 6 weeks, you’ll receive 90% of your average weekly earnings (before tax). For the next 33 weeks, you’ll get either £172.48 per week (2024/25 rate) or 90% of your average weekly earnings (whichever is lower). |
| Can my partner take leave too? | Yes, your partner may be eligible for paternity leave or shared parental leave. It’s a good idea to discuss plans early with your employer to make the most of family time together. |
| What if I want to return to work earlier than planned? | You must give your employer at least 8 weeks’ notice if you wish to change your return date. |
| Will taking maternity leave affect my holiday entitlement? | No, you continue to accrue annual leave while on maternity leave, so plan ahead to enjoy well-deserved rest with your little one. |
Where to Find Support and Advice
Navigating the world of maternity rights can feel overwhelming at times. Fortunately, there are several reputable organisations in the UK dedicated to supporting parents:
- GOV.UK: Maternity Pay and Leave – The official government resource for all things related to maternity entitlements.
- Citizens Advice – Free advice on employment rights, benefits, and more.
- Maternity Action – Expert information on workplace rights and benefits during pregnancy and after birth.
- NCT (National Childbirth Trust) – Practical support for pregnancy, birth, and early parenthood including classes and peer support.
- Family Lives – Emotional support and guidance on all aspects of family life.
Caring for Your Wellbeing as a Parent
The transition to parenthood brings many changes—emotionally as well as practically. It’s important to seek help when needed, whether from friends, family, or professional services. Remember, looking after your own wellbeing helps you nurture a positive environment for your child’s growth and development.
