Parental leave is one of the most complex areas of UK employment law, with multiple overlapping entitlements, qualifying conditions, and statutory pay rates that change annually. A clear, comprehensive parental leave policy helps employees understand their options and ensures your business meets its legal obligations. This template covers maternity, paternity, adoption, and shared parental leave with the latest 2026 statutory rates.
Key Takeaways
- UK employees are entitled to up to 52 weeks of statutory maternity leave regardless of service or earnings.
- Statutory Maternity Pay (SMP) for 2025–2026 is 90% of average weekly earnings for the first 6 weeks, then £184.07 or 90% (whichever is lower) for 33 weeks.
- Shared Parental Leave allows parents to share up to 50 weeks of leave and 37 weeks of pay between them.
- Enhanced (contractual) parental pay is a competitive benefit — the statutory minimum is often not enough for families.
What This Template Covers
This template provides a complete parental leave policy for UK employers. It covers statutory maternity leave and pay, paternity leave and pay, adoption leave and pay, shared parental leave and pay, unpaid parental leave, and flexible working requests. It includes the 2025–2026 statutory rates and is designed for businesses of all sizes.
Parental Leave Policy Template
1. Purpose
[Company Name] is committed to supporting employees through the important life stage of becoming a parent. This policy outlines the parental leave entitlements available, going beyond the statutory minimum where possible to provide meaningful support.
2. Scope
This policy applies to all employees of [Company Name] who meet the eligibility criteria for the relevant type of parental leave. It covers biological parents, adopters, intended parents (through surrogacy), and partners.
3. Statutory Maternity Leave
All employees who are pregnant are entitled to 52 weeks of statutory maternity leave (26 weeks ordinary maternity leave + 26 weeks additional maternity leave), regardless of length of service or earnings.
- Leave can begin up to 11 weeks before the expected week of childbirth.
- If the baby is born early, leave begins the day after birth.
- The employee must take at least 2 weeks after the birth (4 weeks for factory workers).
4. Statutory Maternity Pay (SMP)
SMP is available to employees with at least 26 weeks’ continuous service by the end of the 15th week before the expected week of childbirth, and average weekly earnings at or above the lower earnings limit.
2025–2026 SMP rates:
| Period | Rate |
|---|---|
| First 6 weeks | 90% of average weekly earnings (no upper limit) |
| Weeks 7–39 | £184.07 per week or 90% of average weekly earnings (whichever is lower) |
| Weeks 40–52 | No SMP (unpaid) |
5. Statutory Paternity Leave
Eligible employees (fathers or partners) are entitled to:
- 1 week or 2 weeks of statutory paternity leave (must be taken consecutively).
- Leave must be taken within 56 days of the birth or placement for adoption.
- Eligibility: at least 26 weeks’ continuous service by the end of the 15th week before the expected week of childbirth.
2025–2026 Statutory Paternity Pay (SPP): £184.07 per week or 90% of average weekly earnings (whichever is lower).
6. Adoption Leave
One adopter in a couple is entitled to statutory adoption leave (up to 52 weeks). Key provisions:
- Leave begins on the date of placement (or the date the employee is expected to care for the child if overseas adoption).
- Eligibility: at least 26 weeks’ continuous service and average weekly earnings at or above the lower earnings limit.
- Statutory Adoption Pay (SAP): 90% of average weekly earnings for the first 6 weeks, then £184.07 or 90% (whichever is lower) for 33 weeks.
The other partner may take statutory paternity leave during the adoption.
7. Shared Parental Leave (ShPL)
Shared Parental Leave allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay between them. Key provisions:
- Both parents must meet the eligibility criteria (similar to maternity/paternity).
- Leave can be taken in blocks or continuously, and both parents can be on leave at the same time (up to 8 weeks).
- ShPL must be requested at least 8 weeks before the intended start date.
- Shared Parental Pay (ShPP): £184.07 per week or 90% of average weekly earnings (whichever is lower), for up to 37 weeks.
8. Unpaid Parental Leave
All employees with at least 1 year’s service are entitled to 18 weeks of unpaid parental leave per child, up to the child’s 18th birthday. This is separate from statutory maternity, paternity, or adoption leave.
- Leave is limited to 4 weeks per child per year.
- Notice requirement: at least 21 days before the leave is due to begin.
9. Enhanced Company Benefits
[Company Name] offers the following enhancements beyond statutory entitlements:
- [X] weeks of fully paid maternity leave at [100%/full pay] beyond the statutory SMP period.
- [X] weeks of fully paid paternity leave at [100%/full pay] beyond the statutory SPP period.
- [X] weeks of fully paid adoption leave at [100%/full pay] beyond the statutory SAP period.
- [Flexible return-to-work options] including part-time, compressed hours, or remote working for [X] months following return.
10. Notification and Procedure
Employees must notify their manager and HR:
- Maternity leave: At least 15 weeks before the expected week of childbirth (MAT B1 form required for SMP).
- Paternity leave: At least 15 weeks before the expected week of childbirth.
- Adoption leave: At least 7 days before the expected placement date (or the date the employee is notified of a match for overseas adoption).
- Shared parental leave: At least 8 weeks before the intended start date.
Legal Requirements Summary
| Leave Type | Duration | Pay (2025–26) | Service Required |
|---|---|---|---|
| Maternity | 52 weeks | 90% × 6 weeks, then £184.07/wk × 33 weeks | 26 weeks for SMP |
| Paternity | 1–2 weeks | £184.07/wk or 90% (lower) | 26 weeks for SPP |
| Adoption | 52 weeks | 90% × 6 weeks, then £184.07/wk × 33 weeks | 26 weeks for SAP |
| Shared Parental | Up to 50 weeks (shared) | £184.07/wk × 37 weeks (shared) | 26 weeks |
| Unpaid Parental | 18 weeks per child | Unpaid | 1 year |
Customisation Tips
- Offer enhanced pay. The statutory rates (£184.07/week) are well below most employees’ normal salary. Enhancing pay is one of the most valued employee benefits.
- Include a keep-in-touch policy. Employees on parental leave may want to attend events or stay loosely connected. Define what “keep in touch” days look like.
- Address surrogacy. intended parents through surrogacy have specific leave entitlements. Include them in your policy.
- Plan for small team coverage. Develop a coverage plan before the employee goes on leave to ensure business continuity.
Common Mistakes to Avoid
- Failing to offer shared parental leave information. Employers must inform employees about ShPL within 2 weeks of learning of the pregnancy.
- Requiring employees to return early. Employees have a legal right to the full leave period. You cannot recall them early except in specific circumstances.
- Not tracking the MAT B1 form deadline. Employees need the MAT B1 form from their midwife to claim SMP. Remind them to obtain it.
- Confusing adoption leave with fostering. Fostering arrangements have different rules. Seek legal advice for specific cases.
- Ignoring the return-to-work process. A structured return-to-work conversation supports the employee and identifies any adjustments needed.
Frequently Asked Questions
Can an employee change their mind about shared parental leave after it has started?
Yes, an employee can cancel ShPL with 8 weeks’ notice. They can also swap between ShPL and maternity leave (if the mother has not used all her maternity leave), but this requires careful planning and agreement from both parents.
Does an employee have to return to work after maternity leave?
There is no legal requirement to return to work after maternity leave. However, if an employee does not return, they may be required to repay any enhanced company maternity pay (not statutory SMP). This should be clearly stated in the employment contract or offer letter.
Can we refuse a flexible working request after parental leave?
Under the Employment Relations (Flexible Working) Act 2023, employees have a day-one right to request flexible working. Employers can refuse the request only on one of eight statutory business grounds. Refusal solely because the employee has recently returned from parental leave is likely to be discriminatory.
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