Maternity leave and pay: what you are entitled to in the UK
Planning for maternity leave is one of the most practical things you can do in the third trimester. Understanding exactly what you are entitled to, when to tell your employer, and how pay works removes a significant source of stress at an already demanding time. UK law gives employed pregnant women a set of clear statutory rights covering both leave and pay, and separate provision exists for those who do not qualify for Statutory Maternity Pay. This article draws on GOV.UK guidance to explain the rules plainly, so you can plan with confidence.
Your right to maternity leave
Every employed pregnant woman in the UK is entitled to up to 52 weeks of maternity leave. This applies regardless of how long you have worked for your employer, how many hours you work each week, or the size of the organisation you work for. The 52 weeks is divided into two blocks: 26 weeks of Ordinary Maternity Leave, followed by 26 weeks of Additional Maternity Leave. You do not have to take all 52 weeks if you prefer to return sooner, but you must take at least 2 weeks immediately after your baby is born (4 weeks if you work in a factory environment).
The earliest you can start maternity leave is 11 weeks before your due date. Most people choose a start date somewhere between 36 and 38 weeks of pregnancy, though that is entirely your decision based on how you are feeling and what your work involves. If your baby arrives early, maternity leave starts automatically on the day of birth. Similarly, if you are off sick with a pregnancy-related illness in the four weeks before your due date, your employer can start your maternity leave at that point.
Statutory Maternity Pay: who qualifies and how much
Statutory Maternity Pay (SMP) is the minimum pay that eligible employees receive during maternity leave. To qualify, you need to meet two conditions. First, you must have worked for the same employer continuously for at least 26 weeks by the end of the 15th week before your due date. Second, you must have earned at least the Lower Earnings Limit on average during an eight-week reference period. If your pay varies because of overtime, bonuses or irregular hours, HMRC uses an average across those eight weeks to assess eligibility.
SMP is paid for up to 39 weeks. The remaining 13 weeks of your 52-week entitlement are unpaid unless your employer offers a more generous contractual scheme. The pay structure is set by statute and works as follows: for the first 6 weeks, you receive 90% of your average weekly earnings, with no upper cap. For the remaining 33 weeks, you receive whichever is lower: 90% of your average weekly earnings, or the flat statutory rate. In 2024/25, that flat rate is 184.03 pounds per week. Your employer pays SMP on your behalf and then reclaims most or all of it from HMRC through the payroll process, so the cost ultimately falls on the government rather than your employer.
It is worth checking whether your employer offers enhanced maternity pay above the statutory minimum. Many larger employers, and some smaller ones, top up SMP for some or all of the paid period. Your employment contract or staff handbook should set this out, and your HR team or line manager can confirm the details.
Maternity Allowance: if you do not qualify for SMP
Not everyone qualifies for Statutory Maternity Pay. You might not qualify if you recently changed jobs and have not yet worked for your new employer for 26 weeks, or if your average earnings fall below the Lower Earnings Limit, or if you are self-employed or a director of your own company. In these situations, you may be entitled to Maternity Allowance (MA) instead, which is paid directly by the government rather than by an employer.
The standard rate of Maternity Allowance matches the SMP flat rate and is paid for up to 39 weeks. A lower weekly rate applies if you do not meet the earnings threshold but have done some paid work or been self-employed in the 66 weeks before your due date. You claim Maternity Allowance through GOV.UK and will need to provide evidence of your earnings and employment history. Self-employed people who pay Class 2 National Insurance contributions are among those who can claim at the standard rate.
If you are not sure whether you qualify for SMP or Maternity Allowance, your first step is to ask your employer whether they can pay SMP. If they cannot, they must provide a form called SMP1 explaining why. You then use that form as part of your Maternity Allowance claim to the government.
When and how to tell your employer
UK law requires you to inform your employer of your pregnancy by the end of the 15th week before your due date. In practical terms, this means telling them no later than around week 25 of your pregnancy. At the same time, you need to confirm the date you want your maternity leave to start and give at least 28 days notice of that date. If circumstances change and you need to adjust your start date, you need to give 28 days notice of the change as well.
You will also need to provide your employer with your MATB1 certificate, which is the official maternity certificate confirming your expected week of childbirth. Your midwife will issue this at around 20 weeks of pregnancy, and you cannot receive SMP without it. Once you have the form, pass it to your employer or HR department promptly so that your SMP can be processed. Keep a copy for your own records.
You are protected by law against unfair treatment or dismissal because of your pregnancy or maternity leave. Informing your employer triggers a set of rights, including the right to attend antenatal appointments during working hours and to have any pregnancy-related health and safety risks addressed. Your employer cannot make you redundant simply because you are pregnant or on maternity leave.
Shared Parental Leave
If your partner is also employed and eligible, you and your partner can opt into Shared Parental Leave (SPL) as an alternative to using all of your maternity leave yourself. Under the scheme, up to 50 weeks of leave and 37 weeks of pay can be divided between the two of you in a flexible way, taken consecutively or at the same time depending on your employers and preferences. You must formally end your maternity leave to activate Shared Parental Leave. The administrative process involves giving notice to both employers, so it is worth planning early if you are considering this route. Full details of eligibility and how to apply are available on GOV.UK.
Keeping in touch during maternity leave
You and your employer can agree to Keeping in Touch (KIT) days during your maternity leave. You are entitled to up to 10 KIT days, which allow you to attend meetings, training events or other work-related activities without bringing your maternity leave to an end and without losing your SMP for those days. Pay for KIT days is a matter to agree with your employer separately. KIT days are entirely optional and must be agreed by both you and your employer: your employer cannot require you to work them.
Returning to work
If you plan to return to work at the end of your full 52 weeks, you do not need to give any advance notice. If you want to return earlier than planned, you need to give your employer at least 8 weeks notice. You have the right to return to the same job after Ordinary Maternity Leave (the first 26 weeks). After Additional Maternity Leave (the second 26 weeks), you have the right to return to the same job or, if that is not reasonably practicable, a similar role on equivalent terms. If you are thinking about requesting flexible working when you return, it is worth putting in a formal request as early as possible, as your employer has up to 3 months to respond.
Frequently asked questions
How much is Statutory Maternity Pay?
For the first 6 weeks, SMP is 90% of your average weekly earnings. For the following 33 weeks, you receive whichever is lower: 90% of your average weekly earnings or the flat rate of £184.03 per week (2024/25 rate). After 39 weeks, SMP ends even if you are still on maternity leave.
When do I have to tell my employer I am pregnant?
You must notify your employer no later than the end of the 15th week before your due date, which is roughly when you are 25 weeks pregnant. You also need to give at least 28 days notice of the date you want your maternity leave to start. Your employer cannot change your chosen start date without your agreement.
What if I do not qualify for Statutory Maternity Pay?
If you do not meet the SMP eligibility criteria, you may qualify for Maternity Allowance instead. Maternity Allowance is paid directly by the government through Jobcentre Plus and is available to employed women who do not qualify for SMP, to self-employed women, and to some women who have recently stopped working. The standard rate matches the SMP flat rate.
Can my partner share my maternity leave?
Yes. If you and your partner both meet the eligibility criteria, you can opt into Shared Parental Leave (SPL). This allows you to convert untaken maternity leave and pay into shared leave and pay, giving you and your partner flexibility to share up to 50 weeks of leave and 37 weeks of pay between you. You must give your employer at least 8 weeks notice before any SPL period begins.
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