Under the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations, eligible employees in the UK are entitled to up to 52 weeks of maternity leave, divided into two periods:
Both periods carry the same employment rights and protections. Your contract of employment continues throughout the entire 52 weeks, and all your terms and conditions (except pay) remain in force, including pension contributions, holiday accrual, and any other contractual benefits.
SMP is the most common form of maternity pay in the UK, paid by employers to eligible employees. For the 2025/26 tax year, SMP is structured as follows:
| Period | Duration | Payment Rate (2025/26) |
|---|---|---|
| First 6 weeks | 6 weeks | 90% of average weekly earnings (AWE) |
| Remaining SMP period | 33 weeks | Lower of 90% AWE or £184.03/week |
| Total SMP period | 39 weeks | Reduced rate for remaining 33 weeks |
| Unpaid period | 13 weeks | No statutory payment |
This means you receive 39 weeks of statutory pay and 13 weeks of unpaid leave, totaling 52 weeks. You are not required to take all 52 weeks—you can return earlier if you give your employer at least 8 weeks' notice.
To qualify for SMP, you must meet all three criteria:
You must also notify your employer at least 15 weeks before the baby is due, providing the expected week of childbirth (EWIC) and the date you want to start maternity leave. Your employer may request a MAT B1 certificate from your midwife or doctor, which is available from 20 weeks into your pregnancy.
If you do not qualify for SMP—for example, if you are self-employed, recently changed jobs, or have not been employed long enough—you may be entitled to Maternity Allowance. This is a benefit paid by the Department for Work and Pensions (DWP) through Jobcentre Plus.
| MA Type | Duration | Weekly Rate (2025/26) | Who Qualifies |
|---|---|---|---|
| MA (based on NI contributions) | 39 weeks | £172.48 or 90% of AWE (whichever is lower) | Employed but not eligible for SMP |
| MA (self-employed) | 39 weeks | £172.48 | Self-employed with Small Earnings Exception |
| MA (mixed) | 14 weeks | £27.00 | Insufficient NI contributions |
You can claim MA from 26 weeks into your pregnancy. Payments can begin up to 11 weeks before the baby is due and end 39 weeks later. To apply, you need form MA1 and your MAT B1 certificate. If you are self-employed, you will also need your Self-Assessment tax return.
Many UK employers offer maternity pay above the statutory minimum. These "enhanced" schemes are contractual benefits, not legal requirements. Common structures include:
Enhanced schemes often come with conditions—for example, you may be required to return to work for a minimum period after maternity leave or repay some of the enhanced pay if you do not return. Always check your employment contract and staff handbook for specific terms.
Partners in the UK are entitled to 1 or 2 weeks of paternity leave, paid at the statutory rate of £184.03 per week or 90% of average weekly earnings (whichever is lower). To qualify, the partner must have been continuously employed for at least 26 weeks by the 15th week before the baby is due.
Since 2024, paternity leave can be taken as two separate one-week blocks rather than one continuous period, providing more flexibility. The leave must be taken within 8 weeks of the birth (or placement for adoption).
The UK's Shared Parental Leave system, introduced in 2015, allows parents to share up to 50 weeks of leave and up to 37 weeks of statutory pay between them. The mother can curtail her maternity leave and pay, and the unused portion becomes available to the father/partner.
SPL is available for births or adoptions where both parents meet the eligibility criteria. The partner must also qualify for statutory paternity pay and have at least 26 weeks of continuous employment. Shared Parental Pay (ShPP) is paid at the same rate as SMP (£184.03/week or 90% of AWE, whichever is lower).
As of 2025/26, SPL is being reviewed by the government. The Marsha de Cordova MP introduced the Neonatal Care (Leave and Pay) Act in 2023, and further reforms to the parental leave system are expected. Some advocacy groups have called for the replacement of SPL with a system of individual, non-transferable leave for each parent—similar to the Nordic model.
You can work up to 10 Keeping in Touch days during your maternity leave without losing SMP. These are voluntary for both you and your employer. You are paid your normal salary for KIT days, and your SMP for that week is reduced proportionally. KIT days are useful for attending training, team meetings, or gradually returning to work.
Separate from maternity pay, you can claim Child Benefit for your new child. As of 2025/26, the rate is £25.60 per week for the first child and £16.95 per week for each additional child. The High Income Child Benefit Charge applies if you or your partner earns over £60,000, gradually tapering to zero at £80,000.
If you receive certain benefits or are under 18 and pregnant, you may qualify for Healthy Start vouchers worth £8.50 per week during pregnancy and £17.00 per week for children under 1. These can be used for milk, fruit, vegetables, and infant formula.
Your employer must continue making pension contributions during your maternity leave as if you were working normally. Under the Pensions Act 2008, employer contributions to a workplace pension are based on your qualifying earnings before maternity leave. Your own contributions are based on your actual pay during leave—so if your pay drops to SMP rates, your pension contributions will be lower, but your employer's contributions will not.
To start your maternity leave smoothly, follow these steps:
If you are sick with a pregnancy-related illness in the 4 weeks before your baby is due, your maternity leave will start automatically. If your baby is born early, your maternity leave starts the day after the birth.