Maternity leave and pay in the UK

All employees are entitled to up to 52 weeks of Statutory Maternity Leave (SML). This is made up of 26 weeks of Ordinary Maternity Leave (OML) and 26 weeks of Additional Maternity Leave (AML). You do not have to take the full 52 weeks, but you are entitled to it.

Who can take it: All employees, from day one of employment. Workers (as opposed to employees) are not entitled to SML.

When you can start: The earliest you can start maternity leave is 11 weeks before your expected week of childbirth. Many people continue working until closer to the birth — the start date is your choice, unless you have a pregnancy-related absence in the four weeks before your due date, in which case your employer can trigger the leave early.

Compulsory maternity leave: You cannot return to work within two weeks of giving birth. This is compulsory. Factory workers must take four weeks.

How to give notice: You must tell your employer you are pregnant, the expected week of childbirth (EWC), and your intended start date for maternity leave, no later than the end of the 15th week before your EWC. You can give notice earlier if you want. It should be in writing, though your employer cannot insist on more than the standard notice unless your contract sets a longer period.

Statutory Maternity Pay (SMP) is paid for up to 39 weeks. It is paid by your employer, who can reclaim most of it from HMRC.

Eligibility: You must have worked for the same employer continuously for at least 26 weeks by the 15th week before your EWC, and your average weekly earnings must be at or above the lower earnings limit. Verify the current lower earnings limit at GOV.UK — it changes each April.

The rate:

• First 6 weeks: 90% of your average weekly earnings (AWE) — no cap
• Remaining 33 weeks: the statutory weekly rate or 90% of your AWE, whichever is lower

Verify the current statutory SMP rate at GOV.UK — it changes each April. Your average weekly earnings are calculated from the eight weeks before the 15th week before your EWC.

If you do not meet the SMP eligibility criteria, you may be entitled to Maternity Allowance instead. Maternity Allowance is paid by DWP, not your employer. It is available to employees who do not qualify for SMP, to self-employed women, and to some women who have recently stopped working.

You apply for Maternity Allowance directly through DWP, not through your employer. Check eligibility and claim at https://www.gov.uk/maternity-allowance.

You can work up to 10 keeping in touch (KIT) days during statutory maternity leave without ending your maternity leave or losing SMP for that week.

KIT days are voluntary — your employer cannot require you to work them, and you are not obligated to agree. They can be used for training, team meetings, handovers, or simply keeping up to date with what is happening.

Payment for KIT days is agreed between you and your employer — there is no statutory minimum above your SMP entitlement for those days. Clarify the rate before agreeing to any KIT days.

Your right to return depends on when you return.

After Ordinary Maternity Leave (the first 26 weeks): You have the right to return to exactly the same job, on the same terms and conditions.

After Additional Maternity Leave (weeks 27 to 52): You have the right to return to the same job. If that is not reasonably practicable, your employer must offer you a suitable alternative on terms no less favourable. This is a narrow exception — your employer cannot simply decide a different role is more convenient.

You do not have to give more than eight weeks' notice of returning early. If you want to return on time (at 52 weeks), you do not need to give any notice.

If you want to return on reduced hours or a different arrangement, this is a request under flexible working rights, not a maternity right. Your employer must consider it seriously but is not obliged to agree.

If you want to share your remaining maternity leave with your partner, Shared Parental Leave (SPL) lets you do that. The mother must end her maternity leave early, and the remaining entitlement can be split between both parents in a flexible pattern.

SPL has its own eligibility conditions and notice requirements. It is worth considering if your partner wants to take a more extended period of leave. See /employment-rights/paternity for what your partner is entitled to in terms of paternity leave.

Full details of shared parental leave are at GOV.UK: https://www.gov.uk/shared-parental-leave-and-pay.