Having a baby should not threaten your job or income. Maternity leave rights in the UK cover more than time away from work: they also affect pay, annual leave, communication with your employer and your position when you return. Understanding these rights early makes planning easier.
The key distinction is between the right to take maternity leave and the separate rules for receiving maternity pay. You may qualify for one without the other.
Who can take statutory maternity leave?
Employees can usually take up to 52 weeks of statutory maternity leave from the start of employment, provided they give the required notice. There is no minimum length of service or earnings threshold for the leave itself. Someone classified only as a worker or genuinely self-employed does not normally have the same statutory leave entitlement, although other protections or benefits may apply.
The 52 weeks comprise 26 weeks of Ordinary Maternity Leave followed by 26 weeks of Additional Maternity Leave. You can take less, but must take at least two weeks off after giving birth, or four weeks if you work in a factory.
When can maternity leave begin?
Usually, the earliest start is 11 weeks before the expected week of childbirth. If the baby arrives early, leave starts the following day. Pregnancy-related sickness absence during the four weeks before the due week can also trigger an automatic start.
For example, someone expecting a baby in December might plan to work into November. If pregnancy-related illness triggers maternity leave earlier, that changes when their 52-week entitlement runs from. Checking the dates with payroll beforehand is worthwhile.
How to notify your employer
At least 15 weeks before the baby is due, tell your employer the expected due date and when you intend to start maternity leave. The employer may ask for written notice and must confirm the leave dates in writing within 28 days.
To receive Statutory Maternity Pay, normally give at least 28 days’ notice of your intended payment start date. You also need evidence of pregnancy, generally a MATB1 certificate or letter from a doctor or midwife. Keep copies of correspondence and check your employer’s policy for enhanced benefits.
How much statutory maternity pay can you receive?
Statutory Maternity Pay (SMP) is available for up to 39 weeks, not the full 52-week leave entitlement. For the 2026–27 tax year, the first six weeks are paid at 90% of your average weekly earnings before tax. The following 33 weeks are paid at £194.32 per week or 90% of average weekly earnings, whichever is lower. SMP is subject to tax and National Insurance.
To qualify, you generally need 26 weeks of continuous employment with the same employer continuing into the 15th week before the expected birth week, average earnings of at least £129 a week, and the correct notice and evidence. Special rules can apply to early births and employment changes.
If you do not qualify, ask your employer for form SMP1, which explains the decision. You may be able to claim Maternity Allowance instead. Some employers offer enhanced contractual maternity pay, so compare your contract with the statutory minimum.
What happens to your employment rights during leave?
Your employment continues while you are on statutory maternity leave. You normally keep contractual benefits other than ordinary wages, accrue annual leave and remain entitled to relevant pay rises. Pension contributions have specific rules during paid maternity leave, so ask for an explanation if the figures are unclear.
Holiday builds up throughout maternity leave, including the unpaid portion. You cannot take annual leave and maternity leave simultaneously, but can arrange holiday immediately before or afterwards. Where maternity leave prevents you using statutory holiday within the holiday year, carry-over rights may apply.
Your employer should also keep you informed about important changes, such as promotion opportunities, restructures or vacancies. Being away should not mean being excluded from opportunities you would otherwise have received.
Keeping-in-touch days
You can agree to work up to ten keeping-in-touch (KIT) days without normally ending maternity leave or SMP. These might involve training, meetings or a phased reintroduction. Neither side can insist on them. Agree duties and pay beforehand; even working part of a day counts as a full KIT day.
Maternity job protection and redundancy
It is unlawful to dismiss someone because of pregnancy or maternity leave or treat them unfavourably for taking that leave. Genuine redundancies can still happen, but additional safeguards apply.
In England, Scotland and Wales, the enhanced redundancy-protected period generally begins when you tell your employer you are pregnant and continues until 18 months after the child’s birth. If a suitable alternative vacancy exists during redundancy, an eligible employee must be offered it as a priority. This is not a guarantee against redundancy.
Northern Ireland has separate employment legislation, so check its local rules rather than assuming the same extended period applies. For more about unfair treatment, see pregnancy discrimination at work.
Returning to work after maternity leave
If you take 26 weeks or less, you generally have the right to return to the same job. After more than 26 weeks, the starting point is still your original job. Only where returning is not reasonably practicable may your employer offer a suitable alternative on terms that are not less favourable.
If you intend to use the full 52 weeks as already confirmed, you do not normally need to provide fresh return notice. But if you want to come back earlier or later than agreed, you generally need at least eight weeks’ notice, within your entitlement.
Many parents want different working hours. In Great Britain, employees can make a statutory flexible working request from their first day, although an employer can refuse for legitimate business reasons. Raise this ahead of your return rather than assuming maternity leave creates a part-time role. A guide to requesting flexible working can help.
If caring arrangements change, check shared parental leave and other family leave options. Their eligibility, notice and pay rules are separate.
Frequently asked questions
Can I take maternity leave if I have just started a job?
Yes, if you are an employee and give the necessary notice. Statutory maternity leave is a day-one right, but SMP has additional employment and earnings tests.
Are the final 13 weeks of maternity leave unpaid?
Under the statutory scheme, yes. SMP lasts up to 39 weeks, while maternity leave can last 52 weeks. Enhanced employer schemes may provide extra pay.
Can my employer replace me while I am away?
They can arrange temporary maternity cover, but cannot lawfully dismiss you simply because someone else is covering your job or performing it well.
What if my employer refuses my maternity rights?
Keep your contract, payslips and correspondence, raise the issue promptly with HR and seek advice from Acas or, in Northern Ireland, the Labour Relations Agency. Employment tribunal time limits can be short.
Make a maternity plan that covers the return, too
Map three dates: when leave begins, when statutory pay ends and when you expect to return. Then check your employer’s enhanced pay policy, accrued holiday, contact arrangements and any planned change to working hours. Those checks make maternity leave rights easier to use and help protect both your income and career.