Maternity Leave and Pay Rights
Eligible employees are entitled to up to 52 weeks maternity leave (26 ordinary + 26 additional). From 6 April 2026, Statutory Maternity Pay is 90% of average earnings for 6 weeks, then £194.32 per week (or 90% of earnings if lower) for 33 weeks.
Last updated: July 2026
90% of pay
SMP first 6 weeks
£194.32/week
SMP weeks 7-39
52 weeks
Total leave
What the Law Says
The Employment Rights Act 1996 and Maternity and Parental Leave Regulations 1999 provide all pregnant employees the right to 52 weeks maternity leave regardless of length of service. SMP requires 26 weeks continuous service by the 15th week before the expected week of childbirth. Dismissal connected to pregnancy is automatically unfair.
Your Obligations as an Employer
- Allow up to 52 weeks maternity leave for all employees
- Pay SMP for up to 39 weeks to qualifying employees
- Conduct individual risk assessments for pregnant workers
- Hold the employee's job open or offer a suitable alternative role
What to Include in Contracts
State entitlement to 52 weeks leave, detail any enhanced maternity pay above SMP, specify notification requirements (15 weeks before EWC), and confirm rights to return to the same or equivalent role.
View related contract templateCommon Mistakes
- Failing to conduct a pregnancy risk assessment
- Not offering KIT (Keeping in Touch) days
- Making a role redundant while employee is on maternity leave without proper process
FAQ
Can an employee work during maternity leave?
What happens if the role is made redundant during maternity leave?
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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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