Maternity, Paternity and Shared Parental Leave

All pregnant employees are entitled to 52 weeks of statutory maternity leave — regardless of how long they have worked for their employer or how many hours they work. The 52 weeks consist of Ordinary Maternity Leave (first 26 weeks) and Additional Maternity Leave (the remaining 26 weeks).

To receive Statutory Maternity Pay (SMP), you must have been continuously employed for at least 26 weeks by the end of the 15th week before the expected week of childbirth, and earn at least £123 per week on average. SMP is paid for up to 39 weeks:

• First 6 weeks: 90% of your average weekly earnings (no cap)
• Remaining 33 weeks: £194.32 per week or 90% of average weekly earnings, whichever is lower

If you do not qualify for SMP, you may be eligible for Maternity Allowance from the DWP. Your employer may also offer a more generous occupational maternity pay scheme — check your contract or staff handbook.

You must give your employer at least 15 weeks' written notice before the expected week of childbirth, stating when you wish to start your leave. Leave can start as early as 11 weeks before the due date.

Eligible fathers and partners can take 1 or 2 weeks of statutory paternity leave, taken as a single block. Leave must be taken within 56 days of the birth. To qualify, you must have been continuously employed for at least 26 weeks by the end of the 15th week before the expected week of childbirth, and be the biological father, the mother's partner, or the child's adoptive parent.

Statutory Paternity Pay is paid at £194.32 per week or 90% of average weekly earnings — whichever is lower. You must earn at least £123 per week on average to qualify.

Important changes were planned to take effect in April 2024: the right to take paternity leave in two separate one-week blocks (rather than only a single block) within the first year of the child's life. You should check the current rules on GOV.UK for the latest position, as paternity leave law is actively evolving.

Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay between them (after the mother takes at least the compulsory two weeks' maternity leave following birth). Parents can take leave concurrently or in turns, and can submit up to three separate booking notices each.

To be eligible:

• The mother must have curtailed their maternity leave
• Both parents must have at least 26 weeks' continuous employment with their respective employers by the 15th week before the expected week of childbirth
• Both must earn at least £123 per week

Statutory Shared Parental Pay is paid at the same rate as Statutory Paternity Pay (£194.32 or 90% of earnings, whichever is lower). Notice requirements for SPL are complex — employees must give at least 8 weeks' notice for each period of leave and submit a written notice curtailing maternity leave.

SPL is particularly useful for parents who want to take leave together, or for the non-birthing parent to take a longer period of leave while the mother returns to work earlier.

Your employment rights continue throughout your maternity leave. You continue to accrue statutory annual leave, and your employer must maintain all contractual benefits other than pay (such as a company car or health insurance).

On returning from maternity leave:

• After Ordinary Maternity Leave (up to 26 weeks): You have the right to return to the same job on the same terms and conditions.
• After Additional Maternity Leave (26 to 52 weeks): You have the right to return to the same job. If this is not reasonably practicable, your employer must offer a suitable alternative on terms that are no less favourable.

Your employer cannot make you redundant as a direct result of your pregnancy or maternity leave — doing so would be automatically unfair dismissal and sex discrimination. If your role is genuinely at risk of redundancy during your leave, you have a priority right to be offered any suitable alternative vacancy over other at-risk employees.

You can change your return date by giving your employer at least eight weeks' written notice.