Maternity leave

Workers are legally entitled to paid time off work, including maternity leave. This guide explains what maternity leave is and what maternity pay you're entitled to.

Maternity leave is a legal right to take time off work when you are pregnant or have just given birth to a child. It allows mothers to take a break from their job to prepare for birth, recover physically from childbirth and bond with their new baby without losing their employment. 

Most employees have the right to maternity leave from the first day of their job. 

You can get maternity leave if you: 

  • are classed as an employee 
  • tell your employer you’re pregnant within the right timeframe 

It does not matter how long you’ve been in your job – this is a day one right. 

You need to tell your employer you’re pregnant and want maternity leave when you’re around 25 weeks pregnant. 

You should tell them: 

  • your due date 
  • when you want your maternity leave to start 

They might ask for proof of pregnancy, like a MATB1 form from your doctor or midwife. 

Your employer should then confirm your maternity leave dates in writing. 

You can take up to 52 weeks of maternity leave. 

This is made up of: 

  • Ordinary maternity leave – first 26 weeks 
  • Additional maternity leave – last 26 weeks 

You do not have to take the full 52 weeks. 

However, you must take at least: 

  • 2 weeks off after your baby is born 
  • 4 weeks if you work in a factory 

Maternity pay is a payment made to employees or workers who take time off work to have a baby.  

Statutory Maternity Pay (SMP) is the legal minimum, usually paid for up to 39 weeks: 

  • first 6 weeks at 90% of your average weekly earnings  
  • next 33 weeks at whichever is lower of  
  • £194.32 a week or 
  • 90% of your average weekly earnings  

Some employers offer more than this, so it’s worth checking your contract or asking.

You might be able to get Statutory Maternity Pay if you: 

  • earn at least £129 a week  
  • have worked for your employer for at least 26 weeks by the qualifying week (around 15 weeks before your due date)  
  • give the correct notice and proof of pregnancy  

If you do not qualify for SMP, your employer should: 

  • give you an SMP1 form explaining why you’re not eligible 
  • return your MATB1 certificate 

They should do this within 28 days of you telling them you want to claim maternity pay. 

If you cannot get statutory maternity pay, you may be able to claim Maternity Allowance instead.

What are my rights when I take maternity leave? 

When take maternity leave, you have the right to go back to your job. 

  • If you take 26 weeks or less, you can return to the same job  
  • If you take more than 26 weeks, you can usually return to the same job. If that’s not reasonably possible, your employer must offer you a suitable alternative role with the same pay and conditions.  

You are protected from unfair treatment because you’ve been on maternity leave. 

You also have the right to: 

Statutory adoption leave lasts for up to 52 weeks. You have the right to adoption leave from the first day of your employment.  

Statutory adoption pay is paid for 39 weeks. This is the same as for maternity pay.  

  • for the first 6 weeks you get 90% of your average weekly earnings 
  • for the following 33 weeks you get either £194.32 a week or 90% of your average earnings (whichever is lower) 

Learn more about your rights at work