Maternity leave UK: pay, rights and returning
Maternity leave in the UK is more generous than many women realise and more complicated than it needs to be. The entitlements are spread across leave, pay and a set of protections that each have their own rules, and the official guidance is written in a way that assumes you already understand the structure. The result is that plenty of women take less than they are entitled to, or return in a panic, simply because nobody laid it out clearly.
This is that clear version. It covers how much maternity leave you can take, how maternity pay works and who qualifies, your rights while you are off, and how to plan a return that works for you. It is written for employees in Great Britain and built on guidance from gov.uk and ACAS. Some rules differ for agency workers, the self-employed and in Northern Ireland, so check your own position where it matters.
How much maternity leave you can take
Statutory maternity leave is up to 52 weeks. It is made up of 26 weeks of ordinary maternity leave followed by 26 weeks of additional maternity leave. Almost all employees qualify for the full 52 weeks from day one of their job, regardless of how long they have worked for the employer or how many hours they do, which is one of the strongest features of the UK system.
You do not have to take all of it. The minimum is different: you must take at least two weeks off after the birth, or four weeks if you work in a factory, for your own health. Beyond that, how much of the 52 weeks you use is your choice. The earliest you can usually start leave is 11 weeks before the week your baby is due, and leave will normally start automatically if you are off work with a pregnancy-related illness in the last few weeks before your due date, or on the day after the baby arrives if it comes early.
To take maternity leave you need to tell your employer, by the end of the 15th week before your due date, that you are pregnant, when the baby is due, and when you want your leave to start. Your employer must then write to you within 28 days confirming your return date based on what you have told them.
How maternity pay works
This is where most of the confusion sits, so take it slowly. Statutory Maternity Pay, usually shortened to SMP, is paid for up to 39 weeks of your leave, which means the last 13 weeks of a full year off are typically unpaid unless your employer offers more.
SMP comes in two parts. For the first six weeks you get 90 per cent of your average weekly earnings, with no upper limit. For the next 33 weeks you get the lower of two figures: that same 90 per cent of your average weekly earnings, or a flat statutory rate set by the government. In the 2025 to 2026 tax year that flat rate was £187.18 a week, and gov.uk publishes a new figure each April, so check the current rate there rather than assuming. SMP is treated like wages, so tax and National Insurance come off it.
To qualify for SMP you need to have been continuously employed by the same employer for at least 26 weeks up to the 15th week before your due date, and to earn on average at least the Lower Earnings Limit for National Insurance. If you do not qualify, for example because you changed jobs recently or are self-employed, you may be able to claim Maternity Allowance from the government instead, which has its own eligibility rules and is worth checking early.
Many employers offer enhanced or occupational maternity pay that is more generous than the statutory minimum, such as several months at full pay. This is one of the most valuable things to check in a contract or offer, and our guides to spotting a women-friendly employer before you apply and evaluating an employer’s culture for women explain why enhanced leave is such a strong signal.
Your rights while you are on leave
Maternity leave does not freeze your employment, it protects it. While you are off, most of your contractual rights continue apart from your normal salary. Your annual leave keeps building up, so you often return with a block of holiday to take, and your pension contributions from your employer usually continue during paid leave.
You are allowed to work up to ten Keeping in Touch days during your leave without ending it or losing your maternity pay for those days. They are optional on both sides, useful for staying connected and easing a return, and they are explained fully in our guide to KIT days.
You are also protected from unfair treatment. It is unlawful for an employer to treat you unfavourably, or to dismiss you, because you are pregnant or have taken maternity leave, under the Equality Act 2010. Redundancy protection in this area was strengthened in April 2024, so that pregnant employees and those who have recently returned from maternity, adoption or shared parental leave now have priority for any suitable alternative vacancy during a redundancy exercise. If you believe you have been treated unfairly, our guide to maternity discrimination and your rights sets out what to do.
Sharing leave and other options
Maternity leave is not the only route, and for some families another arrangement fits better. Shared Parental Leave lets eligible parents share up to 50 weeks of leave and up to 37 weeks of pay between them in the first year, taken in blocks and even at the same time if they choose. It is more flexible than maternity leave but has stricter eligibility and more paperwork, so plan it early with your employer.
There is also paid time off for antenatal appointments, which is your right during pregnancy, and ordinary paternity leave or partner leave for the other parent. Thinking about the whole household’s entitlements together, rather than only your own, often produces a better plan than defaulting to the standard pattern.
Money and admin to sort before your leave starts
Maternity leave is easier to enjoy when the practical side is settled in advance, and a little planning protects you from nasty surprises in the unpaid weeks. Work out your actual income month by month across the full year, because the shape of maternity pay is front-loaded: six weeks at 90 per cent, then a long flat-rate stretch, then potentially nothing for the final 13 weeks. Knowing where the drop falls lets you save ahead or plan to return before the unpaid period, rather than discovering the gap when you are already in it.
Check a few things with your employer in writing before you go. Confirm whether you get enhanced maternity pay on top of the statutory minimum and exactly how it is structured, because some schemes require you to return for a set period or repay part of it. Confirm how your pension contributions continue and whether yours need to carry on during the unpaid weeks. Ask how any accrued holiday will be handled, since you can often add it to the start or end of your leave. It is also worth checking your entitlement to Child Benefit and, depending on your household income, other support, which gov.uk sets out clearly.
Finally, agree a simple plan for staying in touch, including whether you want to use any Keeping in Touch days and how your employer will let you know about pay reviews, restructures or opportunities while you are away. Getting that agreement on record early prevents the drift and the out-of-sight-out-of-mind problem that catches so many women on leave.
Planning a return that works for you
The return is the part women most often dread, and the part that rewards planning the most. You do not have to go back to exactly what you left.
Your right to return depends on how much leave you take. If you return at or before the end of the 26 weeks of ordinary maternity leave, you are entitled to go back to the same job on the same terms. If you take any additional maternity leave beyond that, you have the right to return to the same job, or if that is genuinely not reasonably practicable, to a suitable and appropriate alternative on terms no worse than before.
You can also change how you work. Since April 2024, employees in Great Britain can request flexible working from day one, so you can ask to adjust your hours, pattern or location as part of your return. Raise it early and in writing, and our guide to asking about flexible working helps you frame it. If you want to come back the same date you planned, you do not need to do anything, but if you want to return early you must give your employer at least eight weeks’ notice.
Beyond the logistics, the return is also an emotional shift, and that is normal. Confidence usually lags behind competence for the first few weeks, then catches up. Our confidence guide to returning after maternity leave and our look at return to work programmes in the UK are built for exactly this moment. Maternity leave is a pause in your career, not the end of it, and the women who return well are usually the ones who treated the plan as seriously as the pregnancy.
Join the RecruitHer waitlist and be seen for your full potential, not flattened into a CV.
Frequently asked questions
How long is maternity leave in the UK?
Statutory maternity leave is up to 52 weeks, made up of 26 weeks of ordinary leave and 26 weeks of additional leave. Almost all employees qualify from their first day regardless of length of service. You must take at least two weeks off after the birth, or four if you work in a factory, and the rest is your choice.
How much is maternity pay in the UK?
Statutory Maternity Pay is paid for up to 39 weeks: 90 per cent of your average weekly earnings for the first six weeks, then the lower of that 90 per cent or a flat statutory rate for the next 33 weeks. The flat rate was £187.18 a week in the 2025 to 2026 tax year, and gov.uk updates it each April. Some employers pay more than the statutory minimum.
Who qualifies for Statutory Maternity Pay?
You qualify if you have worked continuously for the same employer for at least 26 weeks up to the 15th week before your due date and earn on average at least the Lower Earnings Limit. If you do not qualify, you may be able to claim Maternity Allowance from the government instead, which has separate rules.
Can I go back to the same job after maternity leave?
If you return within the first 26 weeks of ordinary maternity leave, you have the right to the same job on the same terms. If you take additional leave beyond that, you can return to the same job, or a suitable alternative on no worse terms if the same job is not reasonably practicable. You can also request flexible working from day one of your return.
This is educational information, not legal advice. Maternity rules can depend on your contract, earnings and circumstances, differ for agency and self-employed workers, and vary in Northern Ireland. For impartial, free guidance contact ACAS or check gov.uk.
Last reviewed: October 2026