The headline entitlement
NHS staff are entitled to 52 weeks of maternity leave, regardless of length of service. The 52 weeks comprises 26 weeks ordinary maternity leave (OML) and 26 weeks additional maternity leave (AML).
Pay during the leave depends on length of continuous service at the qualifying week (the 15th week before the expected week of childbirth) and on earnings.
Pay structure (12+ months service)
For NHS staff with at least 12 months continuous service at the qualifying week and average earnings above the lower earnings limit, the standard occupational maternity pay (OMP) structure is:
- Weeks 1 to 8: Full pay (less the value of statutory maternity pay paid by HMRC).
- Weeks 9 to 26: Half pay plus statutory maternity pay.
- Weeks 27 to 39: Statutory maternity pay only (currently £187.18 per week for 2025/26, or 90% of average weekly earnings if lower).
- Weeks 40 to 52: Unpaid.
For most staff this means around 6 months of effectively-full income (the first 26 weeks combining full pay and half-pay- plus-SMP), then a further 13 weeks at statutory only, then 13 unpaid weeks if taken.
Pay structure (less than 12 months service)
Staff with less than 12 months service at the qualifying week receive statutory maternity pay only, subject to the standard SMP eligibility rules:
- Weeks 1 to 6: 90% of average weekly earnings.
- Weeks 7 to 39: £187.18 per week (2025/26) or 90% of average weekly earnings, whichever is lower.
- Weeks 40 to 52: Unpaid.
Staff who do not qualify for SMP (very short service or earnings below the lower earnings limit) may qualify for Maternity Allowance through Jobcentre Plus instead, which provides similar income at the standard rate.
Notice requirements
The statutory notice rule is: by the end of the 15th week before the expected week of childbirth (the qualifying week), notify the trust of the pregnancy, the expected date of childbirth, and when you intend maternity leave to start.
Practical NHS process: an early conversation with the line manager, formal notification through ESR or the trust’s maternity notification process, and provision of the MAT B1 form from the midwife at 20 to 21 weeks of pregnancy. The trust will confirm in writing the leave start and expected return date.
Maternity leave can start any time from 11 weeks before the expected week of childbirth, but a birth before that point automatically triggers the start of maternity leave from the day after the birth.
Returning to work
You are entitled to return to the same role and on the same terms if you return within the 26-week ordinary maternity leave period. If you return after that (during the additional maternity leave period), the trust must offer the same role unless that is not reasonably practicable, in which case a suitable alternative role on no less favourable terms applies.
You do not have to take all 52 weeks. Returning earlier requires written notice to the trust at least 8 weeks before the intended return date. Most trusts welcome early return decisions because of staffing impact.
Returning part-time or with other flexible arrangements requires a formal flexible working request. The trust must consider it in a reasonable manner. NHS People Plan policy actively encourages flexible working for returning mothers as a retention measure. The statutory request right applies from day one (since April 2024).
Keeping in Touch (KIT) days
During maternity leave you can work up to 10 KIT days without ending the leave or affecting maternity pay. Common NHS uses include training days, team meetings, short cover shifts and return-to-work planning meetings.
KIT days must be agreed with the trust in advance. Pay for KIT days is at the normal contractual rate; the trust will usually top up the SMP for the day to full pay. KIT days can be taken at any time during maternity leave, but most staff use them in the second half of the leave when preparing to return.
Antenatal care and the qualifying period
NHS employees have the right to paid time off for antenatal appointments from day one of employment. This includes appointments, classes and screening tests recommended by a midwife or registered medical practitioner. The right is statutory and applies regardless of working hours or contract length.
Fathers and partners have the right to unpaid time off to attend up to two antenatal appointments. The NHS contractual policy may extend this to paid time off; check local trust policy.
Shared parental leave
Shared parental leave (SPL) allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay during the baby’s first year. Both parents must meet eligibility criteria; the mother gives up the equivalent portion of her maternity leave.
NHS occupational pay during SPL mirrors the NHS maternity pay structure for qualifying NHS parents (with 12+ months service), so the financial position is similar to the maternity scheme. Notification rules are statutory, with a minimum of 8 weeks’ notice for each block of SPL.
SPL is most commonly used by families where the partner wants extended leave alongside or after the mother’s period. NHS policy actively supports both parents taking parental leave.
Paternity leave
NHS occupational paternity pay provides two weeks of leave at full pay for eligible fathers and partners with 12+ months continuous service. Statutory paternity pay applies to other eligible employees. The leave can be taken in one block or as two separate weeks within the first year after birth.
Adoption leave
NHS occupational adoption pay mirrors the maternity scheme for eligible adoptive parents: 8 weeks full pay, 18 weeks half pay plus statutory adoption pay, 13 weeks statutory only, 13 weeks unpaid. Notification follows the statutory adoption rules.
If something goes wrong
Pregnancy and maternity is a protected characteristic under the Equality Act 2010. Less favourable treatment because of pregnancy, maternity leave or the intention to take maternity leave is unlawful discrimination. This includes denial of training, promotion, pay rises, performance reviews, or any detriment short of dismissal.
Internal route: raise a formal grievance through the trust’s grievance procedure. Union representation recommended. External route: ACAS early conciliation followed by a tribunal claim. Discrimination claims have no two-year service requirement and can include an injury to feelings award. See the employment tribunal UK pillar for the process.
Useful calculators
- NHS notice period calculator
- Holiday entitlement calculator
- Final pay estimator
- Notice period calculator
- Probation end date calculator
Related guides
- NHS employment rights (pillar)
- NHS resignation guide
- NHS redundancy rights
- NHS probation period
- Notice period rights UK
- Redundancy rights UK — redundancy protections during maternity leave and on return.
- Employment rights hub
- Employment tribunal UK
Frequently asked questions
- How much NHS maternity pay will I get?
- NHS occupational maternity pay (OMP) for staff with at least 12 months continuous service at the qualifying week is significantly more generous than statutory: 8 weeks at full pay, 18 weeks at half pay plus statutory maternity pay, then 13 weeks at statutory rate only. Total paid period 39 weeks; total leave 52 weeks. Less than 12 months service means statutory only (SMP at 90% for 6 weeks then standard rate for 33 weeks, subject to eligibility).
- How much notice do I need to give for NHS maternity leave?
- Statutory rules apply: notify the trust by the end of the 15th week before the expected week of childbirth (EWC), specifying the expected birth date, when leave will start, and that you intend to take maternity leave. Most trusts also require the formal notification through ESR (Electronic Staff Record). Provide the MAT B1 form from your midwife as evidence.
- Can I use Keeping in Touch (KIT) days during NHS maternity leave?
- Yes. The statutory rules allow up to 10 KIT days during maternity leave without ending the leave or affecting maternity pay. Common NHS uses include training, team days, return-to-work planning meetings and short cover shifts. KIT days must be agreed with the trust in advance and are paid at the normal contractual rate.
- Do I have to repay NHS maternity pay if I don't return?
- The contractual portion (the difference between OMP and statutory) can be subject to a repayment clause if you do not return for a minimum period (often three months). Local trust policies vary. The statutory portion is not repayable in any circumstances. Read the trust's maternity policy carefully before deciding not to return.
General information about NHS maternity rights, not legal or financial advice. Specific pay and policy detail varies by trust and depends on current Agenda for Change handbook revisions. For your situation, contact your trade union, the trust HR team or ACAS.