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 guide covers the key rules, the choices that shape your leave and pay, how to make the most of your options, and the mistakes to avoid.
What is maternity leave?
Maternity leave is the statutory leave available to employees who are pregnant and taking time away from work around the birth of their baby. It's made up of two parts: Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the second 26 weeks). Together, this gives up to 52 weeks of maternity leave.
You don't have to take the full 52 weeks. Some people return after a few months; others take the full year and use other leave types to extend their leave. The right plan depends on your pay, savings, employer policy, childcare plans, health, and whether your partner is also taking leave.
Who can take maternity leave?
Maternity leave is available to employees. You do not need a minimum length of service to qualify for maternity leave itself. This is one of the most important distinctions in maternity rights: maternity leave and maternity pay are not the same thing.
You may have the right to take maternity leave even if you do not qualify for Statutory Maternity Pay. For example, if you recently started a new job, you may still be able to take maternity leave, but instead of receving SMP from your employer, you would need to apply for Maternity Allowance. If you qualify for Statutory Maternity Pay, you will be entitled to 39 weeks of pay.
How much maternity pay will I get?
Maternity pay is not a single entitlement with one fixed amount. What you receive depends on whether you qualify for Statutory Maternity Pay, whether your employer offers enhanced maternity pay, and if you do not qualify for SMP, whether you meet the criteria to receive Maternity Allowance. There are three main pay routes to understand.
- Statutory Maternity Pay (SMP)
- Enhanced maternity pay
- Maternity Allowance
Statutory Maternity Pay
Statutory Maternity Pay is the main maternity pay scheme for employees. If you qualify, you are entitled to up to 39 weeks of pay during your leave. The current structure is:
- Weeks 1 to 6: 90% of your average weekly earnings before tax.
- Weeks 7 to 39: £194.32 per week, or 90% of your average weekly earnings if that is lower.
- Weeks 40 to 52: usually unpaid unless your employer offers additional pay.
SMP is paid through payroll in the same way as your normal wages and subject to the usual deductions for tax, National Insurance, pensions and student loan repayments, where applicable.
Who qualifies for Statutory Maternity Pay?
Eligibility for Statutory Maternity Pay is different to eligbility for maternity leave. In order to qualify for SMP you must:
- Have worked for your employer continuously for at least 26 weeks continuing into the qualifying week (the 15th week before the expected week of childbirth).
- Earn on average at least £129 a week.
- Give the correct notice and proof of pregnancy.
What is enhanced maternity pay?
Enhanced maternity pay is additional maternity pay offered by your employer. It's sometimes called occupational maternity pay or contractual maternity pay. This varies significantly by employer - some employers may offer a significant number of weeks at full pay, while others may offer no enhanced pay at all.
However, you should ensure you understand and confirm the details of your employer's enhanced maternity pay policy as the details of this can often trip up parents when they are planning their break. You should review your policy to confirm:
- How many weeks are enhanced.
- Whether you need a minimum length of service.
- Whether there is a repayment clause if you do not return to work.
- How enhanced maternity pay offered interacts with any enhanced shared parental pay.
Where an employer offers enhanced pay, this is typically the employer "topping up" Statutory Maternity Pay to a higher level. Where an employee is eligible for SMP, the employer is able to claim this back from the government.
What if I don't qualify for SMP?
If you don't qualify for SMP, you may be able to claim Maternity Allowance instead. This is usually relevant if you're self-employed, you've changed jobs, you recently left employment, or you earn too little to qualify for SMP but have enough work history to qualify for Maternity Allowance.
Maternity Allowance is not paid by your employer — it is claimed through the government. If your employer decides you don't qualify for SMP, they should give you form SMP1 explaining why.
Read our guide to Maternity Allowance to understand how this works and when it might apply to yoru circumstances.
When can maternity leave start?
You can choose to start maternity leave from 11 weeks before your due date. If the baby arrives before your planned start date, your maternity leave starts automatically the day after the birth.
You need to tell your employer when the baby is due and when you want maternity leave to start. This should be done at least 15 weeks before the due date, and your employer must confirm the start and end dates within 28 days.
Can I change my maternity leave dates?
You can change your maternity leave start date if you give 28 days' notice. Your return date works slightly differently. If you take the full 52 weeks, your employer will normally assume you're returning at the end of that period. If you want to return earlier, or change a previously agreed return date, you usually need to give at least eight weeks' notice.
Can I use annual leave during maternity leave?
You can't use annual leave during materity leave, but many new mothers use annual leave either directly before or after their maternity leave. This allows you to extend your period of leave or reduce any unpaid or reduced pay periods of maternity leave with annual leave. You can also use annual leave as part of a phased return to work. You also continue to build up annual leave during maternity leave.
Employment rights are protected during statutory maternity leave, including the right to build up holiday and return to work. This is one of the most important planning tools available — someone taking 52 weeks of maternity leave may also have a year's annual leave entitlement to use around the leave period, subject to employer approval and holiday rules.
What happens to bank holidays during maternity leave?
Bank holidays are often a source of confusion. The key point is that holiday entitlement continues to accrue during maternity leave. How bank holidays are treated depends on your contract and employer policy — some employers include bank holidays within annual leave entitlement, while others give them in addition to ordinary holiday entitlement. Either way, you should check how your employer records bank holidays that fall during maternity leave.
Can I work during maternity leave?
You can work up to 10 Keeping in Touch (KIT) days during maternity leave without bringing your maternity leave or maternity pay to an end. KIT days are optional — both you and your employer must agree to them. They can be used for training, meetings, handover, team days, planning, or other work-related activity.
You should agree pay for KIT days before doing the work. Some employers pay full day rate; others offset the payment against SMP. If you're receiving SMP, ask how the KIT day will be paid and how it will appear in payroll.
What happens to pension, benefits and employment rights?
During statutory maternity leave, your core employment rights continue. This includes holiday accrual, pay rises and protection when returning to work. These rights are separate from maternity pay, which depends on whether you qualify for Statutory Maternity Pay, Maternity Allowance or contractual maternity pay.
Workplace pension contributions have specific rules. If you receive maternity pay from your employer, your employer must keep contributing to your pension based on your normal pay, including any pay rise. Your own pension contributions are based on the maternity pay you actually receive, so they may be lower than usual.
If you are not receiving maternity pay from your employer, your employer must still contribute to your pension during the first 26 weeks of statutory maternity leave. After that, pension contributions only continue if your contract, pension scheme rules or employer policy says they do.
What about returning to work?
Your return to work plan depends partly on how much leave you take. If you take up to 26 weeks of leave, you usually have the right to return to the same job. If you take more than 26 weeks of leave, you still have return rights, but in some circumstances your employer may be able to offer a suitable similar role if returning to the same job is not reasonably practicable.
Common maternity leave planning mistakes
Confusing maternity leave with maternity pay
You may be able to take 52 weeks off, but that doesn't mean you'll be paid for 52 weeks.
Looking only at weekly SMP
Monthly pay can feel very different because payroll months don't line up neatly with maternity weeks. A monthly forecast is often more useful for budgeting.
Forgetting the unpaid period
If you take a full year and only receive SMP, the final 13 weeks are usually unpaid.
Ignoring annual leave
Annual leave can be one of the most powerful ways to extend paid time at home or smooth the transition back to work.
Not checking repayment clauses
Enhanced maternity pay may come with a requirement to return to work for a set period.
Assuming your partner's leave is separate from yours
Shared Parental Leave is available where the mother chooses not to use her full entitlement to maternity leave or paid weeks. If she decides to end her maternity leave or pay early, the parents may be able to share the remaining leave and pay between them. The timing matters, so it is worth planning the interaction carefully.
What to do next
Maternity leave is not just a single entitlement. It's a sequence of leave, pay, annual leave, employer policy and return-to-work choices. The most useful next step is to model the actual dates and pay pattern — looking beyond "39 weeks of SMP" and working out what your household income looks like month by month.
Leave rules are written for individuals, but decisions about leave are made as a family. If you have a partner, it is worth planning maternity leave alongside the wider family leave picture — including paternity leave, Shared Parental Leave, annual leave and any unpaid leave options. The best plan for your family is one that makes use of all your options, gives you time to recover and bond as a new family, and helps you understand what your household finances will look like while you are off work.
Put it into practice
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