Maternity leave and pay

As an employee you can take up to 52 weeks of maternity leave, whatever your length of service. Statutory Maternity Pay (SMP) is paid for up to 39 of those weeks: 90 per cent of your average weekly earnings for the first 6 weeks, then £194.32 a week (or 90 per cent of your earnings, if lower) for the remaining 33 weeks. Most NHS, council and school employers pay more than this through their own schemes.

The leave

Maternity leave is a day-one right for employees. It is split into 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave, though in practice you take it as one continuous period. You do not have to take all 52 weeks, but a short period straight after the birth is compulsory.

You can usually start leave in the weeks leading up to the due date. If you are off with a pregnancy-related illness in the final weeks before the due date, your leave may start automatically. If the baby arrives early, leave starts the day after the birth.

To take the leave, you must tell your employer by the 15th week before the week your baby is due. You need to give the due date and the date you want leave to start. Your employer may ask for the MATB1 certificate from your midwife or GP as proof.

Statutory Maternity Pay

To get SMP you need:

• 26 weeks’ continuous employment with the same employer by the 15th week before the due week
• average weekly earnings of at least the lower earnings limit, which is £129 a week for 2026/27
• to give the correct notice and proof of pregnancy

The pay is in two stages.

Weeks	SMP
1 to 6	90% of average weekly earnings, no cap
7 to 39	£194.32 or 90% of average weekly earnings, whichever is lower

Say you earn £600 a week on average. You get £540 a week for 6 weeks, then £194.32 a week for 33 weeks. If you earn £200 a week, 90 per cent is £180, which is below the flat rate, so you get £180 for all 39 weeks. The last 13 weeks of leave are unpaid under the statutory scheme.

Average weekly earnings are worked out over a set period before the 15th week before the due week. A pay rise that takes effect during that period, or later during your maternity leave, can increase your SMP, including one that is backdated. Public sector pay awards are often backdated, so it is worth asking payroll to recheck your SMP when one is paid.

If you do not qualify for SMP

If you have not been with your employer long enough, or you are self-employed, you may be able to get Maternity Allowance from the Department for Work and Pensions instead. Your employer should give you form SMP1 explaining why you do not qualify, which you then use when claiming. The gov.uk Maternity Allowance page has the rules.

Public sector maternity schemes

National agreements in the NHS, local government and schools give enhanced maternity pay on top of SMP for staff with enough service. The schemes generally pay a period at full pay, then a period at half pay plus SMP, and they come with a condition that you return to work for a minimum period or repay part of the enhanced pay. The details differ between schemes:

• NHS Agenda for Change: see NHS maternity pay
• Teachers on Burgundy Book terms: see teachers’ maternity pay
• Council and school support staff: the Green Book has its own scheme, and your council’s policy sets it out

During leave and going back

Your contract continues during maternity leave. You keep building up holiday, and you keep benefits other than pay, such as a lease car or gym membership through work. You can agree to do a limited number of paid “keeping in touch” days without ending your leave, which public sector employers often use for training days.

After ordinary maternity leave, you have the right to return to the same job. After additional maternity leave, you return to the same job unless that is not reasonably practicable, in which case you must be offered a suitable alternative on terms no less favourable. You do not have to give notice if you return at the end of the 52 weeks. If you want to return earlier, you need to give your employer notice.

Many parents switch part of the leave into shared parental leave so a partner can take time off too. Dismissal or unfavourable treatment because of pregnancy or maternity leave is unlawful from the first day of employment. Our guide to rights while pregnant at work covers antenatal appointments, risk assessments and redundancy protection, and ACAS can advise if something goes wrong.