Maternity and Parental Leave
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
UK National Law
What is this right?
All pregnant employees have the right to 52 weeks of maternity leave, regardless of how long they've worked for their employer. The leave is split into:
- Ordinary Maternity Leave: first 26 weeks
- Additional Maternity Leave: next 26 weeks
Statutory Maternity Pay (SMP) requires 26 weeks of service by the 15th week before your due date. SMP is:
- First 6 weeks: 90% of your average weekly earnings
- Next 33 weeks: £187.18 per week (or 90% of earnings if lower)
Paternity leave: 1 or 2 weeks at £187.18/week. Shared Parental Leave: parents can share up to 50 weeks of leave and 37 weeks of pay between them.
When does it apply?
- Maternity leave is available to all employees from day one. You don't need a qualifying period for the leave itself.
- SMP requires 26 weeks' continuous service and earnings above the Lower Earnings Limit (£123/week). If you don't qualify for SMP, you may get Maternity Allowance from the government instead.
- Paternity leave requires 26 weeks' service by the 15th week before the due date.
- You are protected from unfair dismissal and detriment related to pregnancy from day one — no qualifying period needed.
What should you do?
- Tell your employer by the 15th week before your due date (around week 25 of pregnancy) — in writing is best.
- You must take at least 2 weeks off after birth (4 weeks if you work in a factory).
- You have the right to return to the same job after Ordinary Maternity Leave. After Additional Maternity Leave, you have the right to return to the same or a suitable alternative role.
- You're entitled to paid time off for antenatal appointments — your employer cannot refuse or dock your pay.
What should you NOT do?
- Don't delay telling your employer — late notification can affect your entitlements.
- Don't accept being sidelined — reducing your duties, excluding you from meetings, or passing you over for promotion because of pregnancy is discrimination.
- Don't assume redundancy during maternity leave is lawful — if you're made redundant while on maternity leave, you must be offered any suitable alternative vacancy first.
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