Maternity leave and pay: a complete UK employer guide

Maternity leave is one of the strongest employment protections in UK law, and getting it right matters for both compliance and culture.

Maternity leave

• All employees (not workers) are entitled to up to 52 weeks of maternity leave, regardless of length of service.
• The first 26 weeks are Ordinary Maternity Leave (OML).
• The next 26 weeks are Additional Maternity Leave (AML).
• Compulsory maternity leave: the first 2 weeks after birth (4 weeks if the employee works in a factory).
• Notice: the employee must inform the employer by the end of the 15th week before the expected week of childbirth.

Statutory Maternity Pay (SMP)

To qualify for SMP the employee must:

• Have been employed continuously for at least 26 weeks by the 15th week before the expected week of childbirth.
• Earn an average of at least the Lower Earnings Limit (set annually by HMRC; £129/week from 6 April 2026).

SMP is paid for up to 39 weeks:

• First 6 weeks: 90% of average weekly earnings (no cap).
• Next 33 weeks: the lower of £194.32/week (from 6 April 2026) or 90% of average weekly earnings.

The employer pays SMP and can reclaim 92% (or 103% for small employers eligible for Small Employers' Relief) from HMRC.

Maternity Allowance

For employees who don't qualify for SMP (typically those with under 26 weeks' service), Maternity Allowance may be available from the government instead — at the same rate, up to 39 weeks.

Keeping In Touch (KIT) days

The employee can work up to 10 KIT days during maternity leave without ending their leave or affecting their SMP. KIT days are paid at the normal rate by agreement.

Right to return

• After OML (first 26 weeks): right to return to the same job.
• After AML (full 52 weeks): right to return to the same job, or — if that is not reasonably practicable — a suitable similar job on no less favourable terms.

Protections during pregnancy and maternity leave

• Cannot be selected for redundancy because of pregnancy or maternity — automatically unfair dismissal.
• Priority right to suitable alternative employment in a redundancy situation during maternity leave — the employee must be offered any suitable vacancy ahead of others.
• Cannot be subjected to detriment because of pregnancy, maternity, or taking maternity leave.
• Equality Act discrimination protections apply throughout.

Shared Parental Leave

Up to 50 of the 52 weeks of maternity leave (and up to 37 of the 39 weeks of pay) can be shared between eligible partners via the Shared Parental Leave scheme. Both parents can take SPL concurrently or at different times.

ERA 2025 changes

• Paternity leave becomes a day-one right from April 2026 (see Day-one paternity leave).
• Bereaved partner's paternity leave — up to 52 weeks of unpaid leave if the primary parent dies.
• Enhanced dismissal protection for pregnant women and new mothers is among the January 2027 wave of changes.

Official source: GOV.UK — Maternity pay and leave.