Maternity Leave

Maternity Leave

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Understanding Maternity Leave

Eligibility for Maternity Leave

Statutory Maternity Leave Regulations

Employee Rights During Maternity Leave

For Employers: Managing Maternity Leave Effectively

Maternity Leave in the UK (+ Calculator)

Maternity Leave in the UK (+ Calculator)

Understanding Maternity Leave

Maternity leave is a statutory entitlement for people who are legally classified as employees in the UK. This leave provision gives time off during and after the birth of a child, adding up to 52 weeks or a year, which can be structured in a few ways depending on different individual needs. Read about paternity leave, or shared parental leave here.

Duration of Maternity Leave

UK maternity leave usually goes up to one full year, divided into two different types of leave:

  • Ordinary maternity leave (the first 26 weeks)

  • Additional maternity leave (the next 26 weeks)

New mothers need to take a minimum of two weeks compulsory maternity leave after childbirth; or four weeks compulsory maternity leave if employed in a factory environment. These weeks of compulsory leave represent the statutory minimum that one must take. Beyond the mandatory periods employees have flexibility in deciding their maternity leave period based on their Maternity Allowance.

Most expectant mothers start their maternity leave up to 11 weeks before the expected due date. If the child arrives earlier than anticipated (with a premature birth), leave begins the day after the birth. If an employee is diagnosed with a pregnancy-related illness within four weeks of their due date, their maternity leave automatically starts from that moment.

Before exploring this a little more, let's clear up some essential terminology that is related to parental leave entitlements and maternity leave periods.

Key Parental Leave Terminology

  • Statutory maternity leave: 52 weeks of maternity leave total entitlement

  • Statutory Maternity Pay (SMP): Available for up to 39 weeks of maternity leave (payment structure below)

  • Maternity Allowance: A government benefit for those who don't qualify for Statutory Maternity Pay (SMP). To be eligible, you must have been employed or self-employed for at least 26 weeks in the 66 weeks before your baby's due date and earned at least £30 a week for 13 of those weeks. Maternity Allowance is claimed through Jobcentre Plus and is usually paid for up to 39 weeks.

  • Statutory adoption leave and pay: Similar provisions for adoptive parents who are adopting a child

  • Statutory paternity leave: Up to 2 weeks' leave plus attendance at antenatal appointments

  • Statutory family leave: Umbrella term covering various types of family-related leave entitlements

  • Keeping in Touch (KIT) days: Up to 10 days during maternity leave period without ending entitlements

Is Parental Leave Exclusively for Mothers?

As family structures have changed maternity rights provisions have become much more inclusive. Statutory maternity leave is granted to the person who gives birth, including surrogates. Intended parents in surrogacy arrangements may be eligible for Statutory Adoption Leave and Pay or Shared Parental Leave, depending on their circumstances. The law also provides parental leave rights to same-sex partners and civil partners, supporting diverse family structures.

Eligibility for Maternity Leave

Parental leave eligibility extends to various family situations and parenting situations. Understanding who qualifies and when this leave can be taken is essential for both employees as well as HR departments.

Who Can Take Parental Leave?

Statutory Parental leave is available to all eligible employees who:

  • Have or expect to have parental responsibility for a child

  • Have worked for the organization for at least one full year (for statutory parental leave)

  • Provide adequate notice according to company policy and legal requirements

This inclusive approach includes biological parents, adoptive parents, legal guardians and those who have acquired parental responsibility.

When Parental Leave Can Be Taken

Employees can take parental leave:

  • Immediately after maternity, paternity or adoption leave

  • When a child is born or placed for adoption

  • At other times, provided proper notice is given (usually around 21 days)

This flexibility for parental leave means parents can use it when they need it most whether for bonding with their newborn children, managing various childcare arrangements or addressing other family commitments.

Parental leave eligibility extends to various family situations and parenting situations. Understanding who qualifies and when this leave can be taken is essential for both employees as well as HR departments.

Who Can Take Parental Leave?

Statutory Parental leave is available to all eligible employees who:

  • Have or expect to have parental responsibility for a child

  • Have worked for the organization for at least one full year (for statutory parental leave)

  • Provide adequate notice according to company policy and legal requirements

This inclusive approach includes biological parents, adoptive parents, legal guardians and those who have acquired parental responsibility.

When Parental Leave Can Be Taken

Employees can take parental leave:

  • Immediately after maternity, paternity or adoption leave

  • When a child is born or placed for adoption

  • At other times, provided proper notice is given (usually around 21 days)

This flexibility for parental leave means parents can use it when they need it most whether for bonding with their newborn children, managing various childcare arrangements or addressing other family commitments.

Statutory Maternity Leave Regulations

Statutory maternity leave in the UK follows specific regulations about notification, duration, and payment structures. Understanding the rules helps both employers and pregnant employees navigate the process effectively.

Notification Requirements

Employees must notify their employer in writing of their pregnancy and intended maternity leave start date by the 15th week before the expected week of the due date. This notification should include:

  • Confirmation of pregnancy (usually with a medical certificate if asked for)

  • Expected week of childbirth

  • Date they will start maternity leave

Employers should acknowledge receipt of this notification within 28 days, confirming the employee's expected return from maternity leave date based on their full entitlement.

Statutory Maternity Pay Structure

Eligible employees can get Statutory Maternity Pay (SMP) for up to 39 weeks of maternity leave, set up as follows:

  • First 6 weeks: 90% of average weekly earnings (with no upper limit)

  • Remaining 33 weeks: £172.48 per week or 90% of average weekly earnings, whichever is lower

To qualify for Statutory Maternity Pay (SMP), employees need to:

  • Have worked for their employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth

  • Earn at least £123 per week on average in weekly earnings

  • Provide proper notice and proof of pregnancy

Employees who don't qualify for SMP may be eligible for Maternity Allowance, which can be claimed through Jobcentre Plus. Some employers give contractual maternity pay or occupational maternity pay that goes over the statutory minimum as an extra benefit. Enhanced maternity pay schemes are more and more common as an employer benefit to attract and retain talented employees.

Managing Leave and Return Dates

Employees are also allowed to change their maternity leave start date by providing 28 days' notice. Similarly, if they want to go back to work earlier than the end of their full entitlement, they should give their employer at least 8 weeks' notice of their new return date.

If an employee decides to take their full 52 weeks entitlement, they don't need to provide additional notification about their return from maternity leave.

Statutory maternity leave in the UK follows specific regulations about notification, duration, and payment structures. Understanding the rules helps both employers and pregnant employees navigate the process effectively.

Notification Requirements

Employees must notify their employer in writing of their pregnancy and intended maternity leave start date by the 15th week before the expected week of the due date. This notification should include:

  • Confirmation of pregnancy (usually with a medical certificate if asked for)

  • Expected week of childbirth

  • Date they will start maternity leave

Employers should acknowledge receipt of this notification within 28 days, confirming the employee's expected return from maternity leave date based on their full entitlement.

Statutory Maternity Pay Structure

Eligible employees can get Statutory Maternity Pay (SMP) for up to 39 weeks of maternity leave, set up as follows:

  • First 6 weeks: 90% of average weekly earnings (with no upper limit)

  • Remaining 33 weeks: £172.48 per week or 90% of average weekly earnings, whichever is lower

To qualify for Statutory Maternity Pay (SMP), employees need to:

  • Have worked for their employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth

  • Earn at least £123 per week on average in weekly earnings

  • Provide proper notice and proof of pregnancy

Employees who don't qualify for SMP may be eligible for Maternity Allowance, which can be claimed through Jobcentre Plus. Some employers give contractual maternity pay or occupational maternity pay that goes over the statutory minimum as an extra benefit. Enhanced maternity pay schemes are more and more common as an employer benefit to attract and retain talented employees.

Managing Leave and Return Dates

Employees are also allowed to change their maternity leave start date by providing 28 days' notice. Similarly, if they want to go back to work earlier than the end of their full entitlement, they should give their employer at least 8 weeks' notice of their new return date.

If an employee decides to take their full 52 weeks entitlement, they don't need to provide additional notification about their return from maternity leave.

Employee Rights During Maternity Leave

During maternity leave, employees keep important workplace rights and protections to ensure their position stays secure and their career development isn't disadvantaged.

Employment Protections

While on maternity leave, employees are protected against:

  • Dismissal related to their pregnancy or maternity

  • Discriminatory treatment or unfavourable treatment regarding promotion or training opportunities

  • Changes to terms and conditions without prior agreement

  • Detrimental treatment because of their absence on maternity leave

These protections mean that taking maternity leave doesn't negatively impact an employee's career progression or job security through unfair treatment. The protected period extends from the beginning of pregnancy through all the way to the end of maternity leave.

If an employee does experience discrimination during maternity leave they could have grounds to make a claim at an employment tribunal. In such cases seeking legal advice or advice on employment rights is recommended.

Continued Benefits

During maternity leave, pregnant employees and pregnant women continue to:

  • Accrue holiday entitlements (including bank holidays)

  • Retain pension contributions (during paid leave periods)

  • Maintain other contractual rights unless specifically excluded in their contract of employment or employment contract

These continued benefits recognize that maternity leave is a temporary absence that shouldn't disadvantage employees in terms of their overall compensation package. Contractual rights continue during the maternity leave period, though there may be variations depending on the specific company maternity policy.

Keeping in Touch

To facilitate a smooth transition back to work, employees can use up to 10 Keeping in Touch (KIT) days during maternity leave. These optional days allow employees to:

  • Attend training sessions

  • Participate in team meetings

  • Perform regular work duties

  • Stay connected with workplace developments

KIT days are paid and don't affect maternity leave or pay entitlements. They can be particularly useful for maintaining skills and connections during a longer maternity leave period, especially for those planning to return from maternity leave after taking the full entitlement.

Special Considerations

Health and Safety

Employers have special protection obligations regarding pregnant women, expectant mothers and new mothers in the workplace:

  • Conducting a risk assessment to identify potential safety risks

  • Making reasonable adjustments to remove potential hazards

  • Offering suitable alternative vacancy if risks cannot be mitigated

  • Providing special protection through suspension on full pay if no safe alternative is available

These provisions apply to pregnant employees, those who have given birth within the last six months and breastfeeding mothers.

Neonatal Care

When babies require neonatal care after birth, parents can be eligible for additional support and extra time off. The government has introduced provisions for extended leave when newborn children need hospital care immediately after birth recognizing the unique challenges these families face.

Redundancy Situations

Pregnant employees and those on maternity leave also have enhanced protection in redundancy situations. If their role becomes redundant during maternity leave, they must be offered any alternative vacancy that exists, giving them priority over other employees at risk of redundancy.

During maternity leave, employees keep important workplace rights and protections to ensure their position stays secure and their career development isn't disadvantaged.

Employment Protections

While on maternity leave, employees are protected against:

  • Dismissal related to their pregnancy or maternity

  • Discriminatory treatment or unfavourable treatment regarding promotion or training opportunities

  • Changes to terms and conditions without prior agreement

  • Detrimental treatment because of their absence on maternity leave

These protections mean that taking maternity leave doesn't negatively impact an employee's career progression or job security through unfair treatment. The protected period extends from the beginning of pregnancy through all the way to the end of maternity leave.

If an employee does experience discrimination during maternity leave they could have grounds to make a claim at an employment tribunal. In such cases seeking legal advice or advice on employment rights is recommended.

Continued Benefits

During maternity leave, pregnant employees and pregnant women continue to:

  • Accrue holiday entitlements (including bank holidays)

  • Retain pension contributions (during paid leave periods)

  • Maintain other contractual rights unless specifically excluded in their contract of employment or employment contract

These continued benefits recognize that maternity leave is a temporary absence that shouldn't disadvantage employees in terms of their overall compensation package. Contractual rights continue during the maternity leave period, though there may be variations depending on the specific company maternity policy.

Keeping in Touch

To facilitate a smooth transition back to work, employees can use up to 10 Keeping in Touch (KIT) days during maternity leave. These optional days allow employees to:

  • Attend training sessions

  • Participate in team meetings

  • Perform regular work duties

  • Stay connected with workplace developments

KIT days are paid and don't affect maternity leave or pay entitlements. They can be particularly useful for maintaining skills and connections during a longer maternity leave period, especially for those planning to return from maternity leave after taking the full entitlement.

Special Considerations

Health and Safety

Employers have special protection obligations regarding pregnant women, expectant mothers and new mothers in the workplace:

  • Conducting a risk assessment to identify potential safety risks

  • Making reasonable adjustments to remove potential hazards

  • Offering suitable alternative vacancy if risks cannot be mitigated

  • Providing special protection through suspension on full pay if no safe alternative is available

These provisions apply to pregnant employees, those who have given birth within the last six months and breastfeeding mothers.

Neonatal Care

When babies require neonatal care after birth, parents can be eligible for additional support and extra time off. The government has introduced provisions for extended leave when newborn children need hospital care immediately after birth recognizing the unique challenges these families face.

Redundancy Situations

Pregnant employees and those on maternity leave also have enhanced protection in redundancy situations. If their role becomes redundant during maternity leave, they must be offered any alternative vacancy that exists, giving them priority over other employees at risk of redundancy.

Create a better place of work today

Create a better place of work today

Simplify your people workflows and bring value to everyone in the organisation. Try Humaans today.

Simplify your people workflows and bring value to everyone in the organisation. Try Humaans today.

Book a demo

Book a demo

For Employers: Managing Maternity Leave Effectively

Effectively managing maternity leave needs proactive planning, clear communication and supportive policies from the HR team. Organizations that handle maternity leave well can maintain productivity while supporting employees through significant life changes, helping with overall employee wellbeing.

Creating a Comprehensive Maternity Policy

A well-structured parental leave policy includes:

  • Clear explanations of statutory and contractual maternity entitlements

  • Straightforward notification procedures

  • Information about pay and benefits during leave

  • Guidelines for maintaining contact during leave

  • Return-to-work protocols and flexible working options

This clarity helps employees understand their entitlements and obligations while allowing HR teams to manage leave consistently. Maternity policies should be regularly reviewed to ensure they remain compliant within the current legislation.

Implementing Effective Handover Processes

Before an employee begins maternity leave, implementing a thorough handover process helps maintain continuity. This should include:

  • Documentation of their ongoing projects and responsibilities;

  • Training for colleagues who will provide maternity cover;

  • Intro to temporary replacements if applicable;

  • Clear communication about how urgent matters need to be handled;

These preparations ensure that work continues smoothly during the employee's absence on maternity leave.

Supporting Different Types of Workers

Remember that maternity rights may change slightly depending on employment status:

  • Full-time and part-time employees have the same proportional entitlements;

  • Casual workers and those on zero-hours contract may still qualify if they meet the earnings and continuity requirements - this needs to be checked on a case by case basis

  • Agency workers may have different entitlements based on their specific arrangements

It's important to understand how these distinctions affect your obligations as an employer and HR team and to communicate this clearly to your company.

Streamline Leave Management with Humaans

Managing maternity leave documentation, notifications, and return dates can be complex. Humaans provides comprehensive tools to:

  • Track leave entitlements and usage

  • Generate automated reminders for key dates with automatic Workflows and triggers

  • Maintain compliant documentation

  • Provide managers with visibility of team absences for easy planning

  • Prepare for return to work automatically through Workflows attached to key trigger dates.

With Humaans, HR teams can ensure that maternity leave is managed efficiently while providing employees with a supportive experience during this important life transition.

Book a demo today to see how Humaans can transform your maternity leave management.

By understanding and effectively implementing maternity leave provisions, organizations can support their employees through parenthood while maintaining operational effectiveness and compliance with UK employment regulations. If you're unsure about any aspects of maternity leave, consider seeking legal advice or advice on employment rights from specialized organizations.

Effectively managing maternity leave needs proactive planning, clear communication and supportive policies from the HR team. Organizations that handle maternity leave well can maintain productivity while supporting employees through significant life changes, helping with overall employee wellbeing.

Creating a Comprehensive Maternity Policy

A well-structured parental leave policy includes:

  • Clear explanations of statutory and contractual maternity entitlements

  • Straightforward notification procedures

  • Information about pay and benefits during leave

  • Guidelines for maintaining contact during leave

  • Return-to-work protocols and flexible working options

This clarity helps employees understand their entitlements and obligations while allowing HR teams to manage leave consistently. Maternity policies should be regularly reviewed to ensure they remain compliant within the current legislation.

Implementing Effective Handover Processes

Before an employee begins maternity leave, implementing a thorough handover process helps maintain continuity. This should include:

  • Documentation of their ongoing projects and responsibilities;

  • Training for colleagues who will provide maternity cover;

  • Intro to temporary replacements if applicable;

  • Clear communication about how urgent matters need to be handled;

These preparations ensure that work continues smoothly during the employee's absence on maternity leave.

Supporting Different Types of Workers

Remember that maternity rights may change slightly depending on employment status:

  • Full-time and part-time employees have the same proportional entitlements;

  • Casual workers and those on zero-hours contract may still qualify if they meet the earnings and continuity requirements - this needs to be checked on a case by case basis

  • Agency workers may have different entitlements based on their specific arrangements

It's important to understand how these distinctions affect your obligations as an employer and HR team and to communicate this clearly to your company.

Streamline Leave Management with Humaans

Managing maternity leave documentation, notifications, and return dates can be complex. Humaans provides comprehensive tools to:

  • Track leave entitlements and usage

  • Generate automated reminders for key dates with automatic Workflows and triggers

  • Maintain compliant documentation

  • Provide managers with visibility of team absences for easy planning

  • Prepare for return to work automatically through Workflows attached to key trigger dates.

With Humaans, HR teams can ensure that maternity leave is managed efficiently while providing employees with a supportive experience during this important life transition.

Book a demo today to see how Humaans can transform your maternity leave management.

By understanding and effectively implementing maternity leave provisions, organizations can support their employees through parenthood while maintaining operational effectiveness and compliance with UK employment regulations. If you're unsure about any aspects of maternity leave, consider seeking legal advice or advice on employment rights from specialized organizations.

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