Eligible UK employees can take up to 52 weeks of statutory maternity leave — 26 weeks of Ordinary Maternity Leave plus 26 weeks of Additional Maternity Leave — and may receive up to 39 weeks of Statutory Maternity Pay (SMP).

Statutory entitlement

Up to 52 weeks of leave (regardless of length of service). Up to 39 weeks of SMP for employees who meet the earnings and continuity tests: 6 weeks at 90% of average weekly earnings, then 33 weeks at the lower of the statutory rate or 90% of earnings.

Eligibility

All employees regardless of service or hours qualify for the 52 weeks of leave. SMP requires at least 26 weeks of continuous service by the end of the qualifying week (15 weeks before the expected week of childbirth) and average earnings at or above the Lower Earnings Limit.

Employer obligations

  • Allow up to 52 weeks of maternity leave on request, with proper notice.
  • Pay SMP to eligible employees for up to 39 weeks; reclaim the majority from HMRC.
  • Maintain all contractual benefits except wages or salary during maternity leave (e.g. accrued holiday, pension contributions for the paid portion).
  • Offer the same job back after Ordinary Maternity Leave; a suitable alternative may be offered after Additional Maternity Leave.
  • Provide enhanced redundancy protection, which from 6 April 2024 extends from pregnancy to 18 months after birth.

Employee rights

  • Right to take leave regardless of length of service.
  • Right to up to 10 Keeping in Touch (KIT) days during leave without ending it.
  • Right to return to the same or a suitable alternative job.
  • Protection from detriment or dismissal for reasons connected with pregnancy or maternity.

Common pitfalls

  • Treating SMP eligibility as automatic — the 26-week service test by the qualifying week is often missed for short-tenure staff.
  • Stopping holiday accrual during maternity leave (it continues throughout).
  • Failing to notify the employee in writing of their leave end date within 28 days of receiving notice.
  • Overlooking the extended redundancy protection introduced in April 2024.

Notice rules

Employees must tell their employer they are pregnant, the expected week of childbirth, and when they intend to start maternity leave by the end of the 15th week before the expected week of childbirth. Employers then have 28 days to confirm the leave end date in writing.

SMP payment structure

The first six weeks of SMP are paid at 90% of the employee's average weekly earnings, with no upper limit. The remaining 33 weeks are paid at the lower of the standard SMP rate (set annually) or 90% of average earnings.

Frequently asked questions

Can fathers or partners take leave around the birth?

Yes — see the separate paternity leave entry. Eligible fathers or partners can also share leave with the mother through Shared Parental Leave.

Does annual leave accrue during maternity leave?

Yes, statutory and contractual annual leave continues to accrue throughout the full 52 weeks of maternity leave.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.