Everything you need to know about statutory maternity leave and pay in the UK — eligibility, how much you get, keeping in touch days, and your right to return to work.
Taking time off when you have a baby is one of the most important rights in UK employment law. But the rules around maternity leave, pay, and your right to return to work are more detailed — and more protective — than many people realise.
This guide explains everything clearly, in plain English.
Maternity law gives you two separate entitlements:
These rights are governed primarily by the Employment Rights Act 1996 and the Maternity and Parental Leave Regulations 1999.
All pregnant employees are entitled to 52 weeks of Statutory Maternity Leave, regardless of:
This is split into:
The earliest you can start is 11 weeks before your baby's due date. Leave automatically starts if:
You must notify your employer by the 15th week before your due week (typically around week 25 of pregnancy). You should tell them:
Your employer must respond within 28 days confirming your return date.
You qualify for SMP if:
If you do not qualify for SMP, you may qualify for Maternity Allowance from the government — particularly useful for the self-employed or those with less service.
SMP is paid for 39 weeks at these rates:
| Period | Rate |
|---|---|
| First 6 weeks | 90% of your average weekly earnings (no cap) |
| Remaining 33 weeks | £184.03 per week (2025/26), or 90% of your average earnings if lower |
Note: Weeks 40–52 of leave are unpaid if you take the full 52 weeks. SMP is paid as wages (through payroll) and is subject to income tax and National Insurance.
Many employers offer contractual maternity pay above SMP. Check your contract or employee handbook. Enhanced pay might be, for example, full pay for 12 weeks, then SMP. If you receive enhanced pay, you must still receive at least SMP.
While you are on maternity leave, you continue to accrue:
You do not accrue normal sick pay, but you may still be able to receive sick pay if you are ill after leave ends.
You can work up to 10 Keeping in Touch days during maternity leave without losing SMP. These days must be agreed with your employer — you cannot be forced to take them.
KIT days are useful for attending key meetings, training, or a handover before returning. Your employer can pay you for KIT days over and above SMP.
If you return within the first 26 weeks, you have the right to return to the same job on the same terms and conditions.
If you return after 26 weeks, you have the right to return to the same job, or if that is not reasonably practicable, to a suitable alternative role on no less favourable terms. Your employer cannot demote you, reduce your pay, or materially change your role upon return.
If you want to return before your planned return date, you must give 8 weeks' notice. If you do not, your employer can delay your return by up to 8 weeks.
Pregnancy and maternity discrimination is unlawful under the Equality Act 2010. Your employer cannot:
If you are made redundant while on maternity leave, you have the right to be offered any suitable alternative vacancies before other employees — even above more senior colleagues who are also at risk.
If you and your partner want to share the leave, you can opt into Shared Parental Leave (SPL) — converting up to 50 weeks of maternity leave and 37 weeks of Statutory Shared Parental Pay into leave that can be taken flexibly by both parents. You must end your maternity leave formally to trigger SPL.
| Action | Deadline |
|---|---|
| Notify employer of pregnancy | By 15th week before due date |
| Employer confirms return date | Within 28 days of your notification |
| KIT days maximum | 10 days during leave |
| Notice to return early | 8 weeks before early return |
| Claim time limit for discrimination | 3 months from the act complained of |
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Free tools for this topic
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