The 52 weeks of statutory leave
Every pregnant employee, regardless of length of service, is entitled to 52 weeks of statutory maternity leave:
- Ordinary Maternity Leave (OML): the first 26 weeks. Full contract continues (except pay if SMP applies). Right to return to the same job on the same terms.
- Additional Maternity Leave (AML): the second 26 weeks. Contract continues. Right to return to the same job, or if not reasonably practicable, a similar job on the same or better terms.
Compulsory maternity leave is the 2 weeks (4 weeks for factory workers) immediately after birth. It is an offence for the employer to allow the mother to work during that period.
Statutory Maternity Pay (SMP)
SMP is paid for up to 39 weeks. Qualifying conditions:
- 26 weeks continuous employment at the end of the 15th week before the expected week of childbirth (the "qualifying week").
- Average weekly earnings at least equal to the Lower Earnings Limit (£123 per week in 2025-26) over the 8-week reference period.
Rate structure:
- First 6 weeks: 90 per cent of average weekly earnings (no upper cap).
- Weeks 7-39: the lower of 90 per cent of average weekly earnings or the statutory rate (£184.03 per week in 2024-25, updated annually).
- Weeks 40-52: unpaid.
Maternity Allowance
Employees who do not qualify for SMP may qualify for Maternity Allowance (MA) from the Department for Work and Pensions. MA is paid for up to 39 weeks at £184.03 per week (2024-25) or 90 per cent of average earnings if lower. Qualifying conditions include 26 weeks of employment or self-employment in the 66 weeks before the baby is due.
MA and SMP cannot both be paid; the employee gets whichever applies to her circumstances.
Notifying the employer
By the end of the 15th week before the expected week of childbirth (the qualifying week), the employee must notify:
- That she is pregnant.
- The expected week of childbirth.
- When she intends to start her maternity leave.
The MATB1 form from the midwife or GP is the standard evidence. Employers can request written notification. The employer must respond in writing within 28 days confirming the return date.
Keeping In Touch (KIT) days
Up to 10 Keeping In Touch (KIT) days can be worked during maternity leave without ending the leave. KIT days:
- Are voluntary on both sides - neither the employer nor employee can compel them.
- Paid at whatever the employer and employee agree (usually contractual pay for the day).
- Do not extend the maternity leave; the return date stays the same.
- Are useful for major project handovers, training and staying visible without a full return.
Return-to-work protections
Return-to-work rights depend on when the employee returns:
- After OML (weeks 1-26): right to return to the same job on the same terms and conditions.
- After AML (weeks 27-52): right to return to the same job unless not reasonably practicable, in which case a similar job on the same or better terms and conditions.
Employers cannot lawfully use maternity leave as a reason to reorganise the returning employee into a worse role. Failure to allow return is dismissal and triggers unfair dismissal protection from day one (no 2-year qualifying period for pregnancy or maternity-related dismissals).
Redundancy during maternity leave
Employees on maternity leave (and during pregnancy and for a period after return - the "protected period") have enhanced redundancy rights under Regulation 10 Maternity and Parental Leave Regulations 1999. If the employer identifies a suitable alternative vacancy, the employee on maternity leave has priority over other affected employees - a legal duty to offer the vacancy to her.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extended the protected period to run from pregnancy notification through to 18 months after birth. See redundancy rights UK for the framework and redundancy during maternity leave for the specific protections.
Discrimination protection
Pregnancy and maternity are protected characteristics under the Equality Act 2010. Less favourable treatment because of pregnancy, maternity leave, breastfeeding or a maternity-related illness is direct discrimination without any need to compare with a male colleague. Common issues in practice:
- Bonus and pay rise decisions during maternity leave.
- Restructuring or role changes affecting the returning employee.
- Reference and promotion decisions.
- Interview questions and hiring decisions about pregnancy or plans to have children.
Claims go to the employment tribunal within 3 months (ACAS Early Conciliation first). Discrimination claims have no upper cap on compensation. See employment tribunal UK.
Useful calculators
- Maternity pay calculator
- Notice period calculator
- Holiday entitlement calculator
- Final pay estimator
- Redundancy pay calculator
Related guides
- NHS maternity leave rights
- Redundancy during maternity leave
- Employment rights hub
- Unfair dismissal UK
- Notice period rights UK
Authority pages
Frequently asked questions
- How long is UK maternity leave?
- 52 weeks total statutory maternity leave: 26 weeks Ordinary Maternity Leave plus 26 weeks Additional Maternity Leave. Every pregnant employee is entitled to the full 52 weeks regardless of length of service. Statutory Maternity Pay covers up to 39 weeks.
- How much is Statutory Maternity Pay?
- First 6 weeks at 90 per cent of average weekly earnings. Weeks 7 to 39 at the lower of 90 per cent of average earnings or the statutory rate (£184.03 per week in 2024-25, uprated annually). Weeks 40-52 are unpaid unless an enhanced contractual scheme applies.
- When do I have to tell my employer I am pregnant?
- By the end of the 15th week before the expected week of childbirth (the qualifying week). At the same time, notify the expected week of childbirth and when you intend to start maternity leave. The MATB1 form from the midwife or GP is the standard evidence.
- Can I be made redundant on maternity leave?
- Redundancy on maternity leave is not automatically unfair, but employees on maternity leave have enhanced protection. If a suitable alternative vacancy exists, the employer has a legal duty to offer it to the maternity leave employee ahead of other affected staff. The protected period runs from pregnancy through 18 months after birth.
- What are Keeping In Touch (KIT) days?
- Up to 10 days of work permitted during maternity leave without ending the leave. Voluntary on both sides. Useful for handovers, training and staying connected. Do not extend the leave period.
Sources and further reading
- Maternity and Parental Leave Regulations 1999 — The primary maternity leave regulations.
- Statutory Maternity Pay (General) Regulations 1986 — SMP rate and payment rules.
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023 — Extended protected period for pregnancy and family leave.
- GOV.UK: Statutory Maternity Pay and Leave — Government guidance on maternity leave and pay.
- ACAS: Maternity leave and pay — Free, impartial guidance on maternity.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.