Maternity Leave and Maternity Pay: A Guide for Employees

When having a baby, you are entitled to claim up to 52 weeks’ statutory maternity leave. The 52 weeks are based on 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave. This leave is not automatically granted, so you must request to take it from your employer.

Whilst on maternity leave, you will still have the same employment rights as your colleagues, including the right to receive any pay increases and the right to accrue holiday.

How Does Maternity Leave Work?

You are eligible for maternity leave no matter how long you have been with your employer. However, to claim statutory maternity leave, you must be an employee of the business and notify your employer of your pregnancy no later than 15 weeks before the due date. This notice must include:

• That you are pregnant.
• Your expected week of childbirth.
• The date you intend to start your maternity leave.

While this notice can be given verbally, it is always best to put it in writing. Once served with notice, your employer must confirm your leave end date in writing within 28 days.

How Does Statutory Maternity Pay (SMP) Work?

Not everyone is eligible to claim Statutory Maternity Pay (SMP). To be entitled, you must:

• Have 26 weeks' continuous employment up to the 15th week before the due date.
• Have average earnings of at least the lower earnings limit for National Insurance (£123 per week as of 2023/24).
• Give your employer at least 28 days' notice.
• Provide a MAT B1 certificate from your doctor or midwife.
• Have ceased work.

Statutory Maternity Pay is paid for 39 weeks of your 52-week leave and is split into two rates:

• First 6 weeks: You receive 90% of your average weekly earnings.
• Remaining 33 weeks: You receive the lower of either 90% of your average weekly earnings or the statutory flat rate (currently £156.66 per week as of 2023/24).

What if I am Not Eligible for Maternity Pay?

If you are not eligible for SMP, your employer must give you a written explanation. However, you may still be able to claim Maternity Allowance or other benefits such as Universal Credit. It is always worth checking your eligibility.

Understanding Shared Parental Leave

If you wish, you can share your maternity leave and pay with your partner using the Shared Parental Leave legislation. This allows you to share up to 50 of the 52 weeks’ leave and up to 37 weeks of the pay. The first 2 weeks of maternity leave are compulsory and cannot be shared.

Both parents need to give their respective employers eight weeks’ notice of their intended leave pattern. You can take the leave at the same time or separately. For more detailed advice, it's best to speak with an expert on maternity and paternity disputes.

Frequently Asked Questions