Maternity Leave and Pay Rights

Eligible employees are entitled to up to 52 weeks maternity leave (26 ordinary + 26 additional). Statutory Maternity Pay is 90% of average earnings for 6 weeks, then £184.03 per week for 33 weeks.

Last updated: February 2025

90% of pay

SMP first 6 weeks

£184.03/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.

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Common 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?

Employees can work up to 10 Keeping in Touch (KIT) days during maternity leave without ending their leave or losing SMP. Both employer and employee must agree to KIT days, and pay is a matter for agreement.

What happens if the role is made redundant during maternity leave?

Employees on maternity leave have priority right to be offered any suitable alternative vacancy. Failure to offer a suitable alternative is automatic unfair dismissal under regulation 10 of MAPLE Regulations 1999.

Related Topics

Shared Parental Leave (ShPL)

Paternity Leave and Pay Rights

Holiday Entitlement Calculation

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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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