Maternity and Parental Leave in the United Kingdom
Reviewed by the Commoner Law Editorial Team. Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Every pregnant employee gets 52 weeks of maternity leave from day one of the job — there's no service requirement for the leave itself, only for the pay. The 52 weeks split in two:
- Ordinary Maternity Leave: first 26 weeks
- Additional Maternity Leave: next 26 weeks
Statutory Maternity Pay (SMP) needs 26 weeks of continuous service by the 15th week before your due date. The pay tapers:
- First 6 weeks: 90% of your average weekly earnings, no cap
- Next 33 weeks: £187.18 per week (or 90% of earnings if that's lower)
Paternity leave: 1 or 2 weeks at £187.18/week. Shared Parental Leave, brought in by the 2014 Regulations, lets parents divide up to 50 weeks of leave and 37 weeks of pay between them — useful but historically take-up has been low because the pay is flat-rate and many employers don't enhance it for the second parent.
When does it apply?
- Maternity leave: every employee, day one. No qualifying period.
- SMP: 26 weeks' continuous service and earnings above the Lower Earnings Limit (£123/week). Don't qualify? You can claim Maternity Allowance from the DWP — that helps the self-employed and those who've changed jobs.
- Paternity leave: 26 weeks' service by the 15th week before the due date.
- You're protected from unfair dismissal and detriment related to pregnancy or maternity leave from day one. No qualifying period — section 99 of the ERA 1996 makes any such dismissal automatically unfair.
What to Do If Your UK Employer Is Violating Your Maternity or Parental Leave Rights
- Tell your employer by the 15th week before your due date (about week 25 of pregnancy). Do it in writing — keep a copy. The MAT B1 form from your midwife is the standard evidence.
- Compulsory maternity leave is at least 2 weeks after birth — 4 weeks if you work in a factory under the Public Health Act tradition.
- After Ordinary Maternity Leave you have the right to return to the same job. After Additional Maternity Leave it's the same job or a suitable alternative on no worse terms.
- Antenatal appointments are paid time off. Your employer can't refuse and can't dock your pay — that's been the law since 1980.
What should you NOT do?
- Don't leave it late to notify. Missing the 15-week notice deadline can knock back SMP entitlement.
- Don't accept being sidelined. Cut hours, missed meetings, passed over for promotion because you're pregnant — that's discrimination, not 'protecting' you.
- Don't assume a redundancy during maternity leave is lawful. Under regulation 10 of the 1999 Maternity Regs, you have first refusal on any suitable alternative vacancy — ahead of other at-risk colleagues.
Common Questions
When does maternity and parental leave apply?
Maternity leave: every employee, day one. No qualifying period.SMP: 26 weeks' continuous service and earnings above the Lower Earnings Limit (£123/week). Don't qualify? You can claim Maternity Allowance from the DWP — that helps the self-employed and those who've changed jobs.Paternity leave: 26 weeks' service by the 15th week before the due date.You're protected from unfair dismissal and detriment related to pregnancy or maternity leave from day one. No qualifying period — section 99 of the ERA 1996 makes any such dismissal automatically unfair.
What should I do if my UK employer is not respecting my maternity or parental leave rights?
Tell your employer by the 15th week before your due date (about week 25 of pregnancy). Do it in writing — keep a copy. The MAT B1 form from your midwife is the standard evidence.Compulsory maternity leave is at least 2 weeks after birth — 4 weeks if you work in a factory under the Public Health Act tradition.After Ordinary Maternity Leave you have the right to return to the same job. After Additional Maternity Leave it's the same job or a suitable alternative on no worse terms.Antenatal appointments are paid time off. Your employer can't refuse and can't dock your pay — that's been the law sin...
What mistakes should I avoid with maternity and parental leave?
Don't leave it late to notify. Missing the 15-week notice deadline can knock back SMP entitlement.Don't accept being sidelined. Cut hours, missed meetings, passed over for promotion because you're pregnant — that's discrimination, not 'protecting' you.Don't assume a redundancy during maternity leave is lawful. Under regulation 10 of the 1999 Maternity Regs, you have first refusal on any suitable alternative vacancy — ahead of other at-risk colleagues.