When you’re expecting a baby, there’s a lot to plan for — and understanding how your maternity leave and pay will actually work is one of the biggest. This 3-minute guide covers how long you can take off, how much you'll be paid, who qualifies, and the planning mistakes worth avoiding before you set your dates.
What is maternity leave?
Maternity leave is the main statutory leave right for someone giving birth. Eligible employees can take up to 52 weeks of Statutory Maternity Leave, made up of 26 weeks of Ordinary Maternity Leave followed by 26 weeks of Additional Maternity Leave.
You can start your leave up to 11 weeks before your due date and your leave must be taken as one continuous block. You don't have to take the full year, but you must take at least 2 weeks off after the birth, or 4 weeks if you work in a factory.
Who qualifies for maternity leave?
The right to maternity leave is broad. You qualify for Statutory Maternity Leave if you are an employee, you are pregnant, and you give your employer the correct notice. It does not matter how long you have worked for your employer, how many hours you work, or how much you earn. This is different from Statutory Maternity Pay, which has stricter eligibility rules based on earnings and length of service.
What is Statutory Maternity Pay?
Statutory Maternity Pay (SMP) is the legal minimum pay to be paid to employees who are on maternity leave. Maternity pay is more restricted than maternity leave. Statutory Maternity Pay (SMP) is paid for up to 39 weeks, and it comes through payroll, so tax and National Insurance can be deducted in the usual way.
SMP is paid in two stages:
- For the first 6 weeks: 90% of your average weekly earnings before tax.
- For the next 33 weeks: £194.32 per week, or 90% of your average weekly earnings — whichever is lower.
Who qualifies for SMP?
To qualify for SMP, you usually need to:
- Earn at least £129 a week on average.
- Give your employer the correct notice and proof of pregnancy.
- Have worked continuously for your employer for at least 26 weeks continuing into the qualifying week — the 15th week before the expected week of childbirth.
What if my employer offers enhanced maternity pay?
Some employers top up statutory pay with an enhanced maternity scheme, but these are a contractual benefit and vary widely. A policy might offer full pay for a number of weeks, half pay for a number of weeks, or statutory pay only. Check your staff handbook or speak to HR before you start planning your dates.
What if I don't qualify for SMP?
If you don't qualify for SMP, you may be eligible for Maternity Allowance. This may apply if:
- You're employed, but have only recently started working for a new employer
- You're not currently employed, but have a recent history of employment
- You're self employed, with a record of Class 2 National Insurance contributions.
Maternity Allowance can be paid for up to 39 weeks. The standard rate is £194.32 per week, or 90% of your average weekly earnings if that is lower. Unlike Statutory Maternity Pay, there is no higher-rate first 6 weeks at 90% of earnings. It may also be lower if you are self-employed and have not paid enough Class 2 National Insurance contributions.
What if I don't use all my leave?
If you don't use all your leave entitlement, you are able to convert this into Shared Parental Leave. You can use this yourself or it can be used by your partner, if they are eligible. This can allow the other parent to take more time off, or let you both overlap leave for part of the first year. Any Shared Parental Leave must be used within 52 weeks of the birth of your child. See our full guide to Shared Parental Leave.
Want to know more about how your maternity leave and pay works?
Read our complete guide to Maternity Leave and Pay: Everything You Need to Know
Three planning mistakes to avoid
- The first mistake is assuming that 52 weeks of maternity leave means 52 weeks of maternity pay. Statutory Maternity Leave can last up to a year, but Statutory Maternity Pay usually lasts for up to 39 weeks, meaning the final 13 weeks are normally unpaid.
- The second mistake is not planning for how sharply pay can change. Your income may move from full pay or enhanced pay, to 90% pay, to statutory pay, and then to no pay. The month-by-month impact can be very different from the headline entitlement.
- The third mistake is forgetting about annual leave. Holiday usually continues to build up while you are on maternity leave, and using it before or after maternity leave can help extend your time off, smooth your income, or reduce the unpaid gap.
Put it into practice
Plan your leave with confidence.
Use our free planner to map out your leave and pay week by week — based on your real circumstances, your employer's policy, and current UK rules.
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