Statutory maternity leave in the UK is 52 weeks: 26 weeks of Ordinary Maternity Leave followed by 26 weeks of Additional Maternity Leave. Every employee is entitled to it from day one, whatever her length of service, hours or pay. The only conditions are that she is an employee and gives the right notice, which means telling her employer by the end of the 15th week before the expected week of childbirth. Leave can start no earlier than 11 weeks before the expected week, and the 2 weeks after the birth are compulsory (4 weeks for factory workers). Leave and pay are separate entitlements. Statutory Maternity Pay runs for 39 weeks of the 52 and has its own qualifying conditions.
How the 52 weeks are structured
| Element | Rule |
|---|---|
| Ordinary Maternity Leave | 26 weeks from the start date |
| Additional Maternity Leave | 26 weeks starting the day after Ordinary Maternity Leave ends |
| Compulsory leave | 2 weeks from the day of birth (4 weeks in a factory) |
| Earliest start | The beginning of the 11th week before the expected week of childbirth |
| Automatic start | The day after the birth if earlier, or the day after a pregnancy-related absence in the 4 weeks before the expected week |
| Keeping in touch days | Up to 10 days' work without ending the leave |
An employee does not have to take all 52 weeks, and she may be entitled to take some of her leave as Shared Parental Leave instead.
Notice: what the employee gives and what the employer confirms
- Employee notice. By the end of the 15th week before the expected week of childbirth, she tells the employer she is pregnant, the expected week and the date she wants leave to start. The employer can ask for this in writing;
- Medical certificate. If asked, she shows a certificate from a doctor or midwife giving the expected week, usually the MATB1;
- Changing the start date. She gives 28 days' notice before the original or new date, whichever is earlier;
- Employer response. Within 28 days the employer writes to confirm her leave start and end dates;
- Returning early. She gives at least 8 weeks' notice of an earlier return date. If she does not, the employer can postpone her return until 8 weeks' notice has been given.
The employer cannot refuse maternity leave or change the amount the employee chooses to take.
Worked example: a timeline
Ella's baby is due in the week beginning Sunday 14 March 2027.
- Notice deadline. The 15th week before runs from Sunday 29 November to Saturday 5 December 2026, so she must notify her employer by 5 December 2026;
- Earliest start. Sunday 27 December 2026;
- Chosen start. Sunday 28 February 2027;
- Ordinary leave ends. Saturday 28 August 2027;
- Additional leave ends. Saturday 26 February 2028. Unless she gives notice to return earlier, she is back on Monday 28 February 2028;
- Pay. SMP runs from 28 February to 27 November 2027 (39 weeks), so the last 13 weeks of leave are unpaid unless her employer offers enhanced pay;
- Automatic trigger. If she is off with a pregnancy-related illness on or after Sunday 14 February 2027, her leave starts automatically the next day.
Rights during maternity leave
GOV.UK confirms that employment rights are protected during statutory maternity leave, including pay rises, holiday accrual and the right to return. In practice:
- Holiday. Holiday keeps building up throughout maternity leave, so agree before she goes when the accrued days will be taken;
- Keeping in touch days. Up to 10 days' work, including training, without ending her leave. Neither side can insist on them, and none can be worked in the 2 weeks after the birth. Reasonable contact, for example to discuss her return, does not count;
- Return after Ordinary Maternity Leave. She has the right to return to the same job;
- Return after Additional Maternity Leave. She returns to the same job or, if that is not reasonably practicable, to another job that is suitable and appropriate for her. In either case her seniority and pension rights are preserved, and her terms must be no less favourable than if she had not been absent.
Redundancy protection
If her role becomes redundant during pregnancy, maternity leave or the additional protected period that follows, she is entitled to be offered any suitable available vacancy with the employer or an associated employer. The additional protected period ends 18 months from the first day of the expected week of childbirth, or from the actual date of birth if she has notified it. Employers running a redundancy exercise should list everyone in this period before matching people to vacancies.
Maternity pay in brief
Statutory Maternity Pay is 90% of average weekly earnings for 6 weeks, then £194.32 or 90%, whichever is lower, for 33 weeks. To qualify, she needs 26 weeks' continuous employment into the 15th week before the expected week, average earnings of at least £129 a week (the 2026/27 lower earnings limit) and proof of pregnancy. Employers recover 92% of SMP from HMRC, or 100% plus a 9% addition (109%) if their National Insurance contributions payments for the qualifying tax year were £45,000 or less. An employee who does not qualify must receive form SMP1 and may be able to claim Maternity Allowance. Our statutory maternity pay guide covers the calculation in detail.
Sources: GOV.UK Maternity pay and leave and the employer guide; regulations 4, 7, 10, 12A and 18 of the Maternity and Parental Leave etc. Regulations 1999; and the SMP (Compensation of Employers) Regulations 1994. For partners, see our guide to paternity leave.
Acumon calculates SMP, tracks maternity leave dates and reclaims statutory pay through the EPS as part of payroll management. If you are planning cover or an enhanced maternity scheme, our outsourced payroll team can cost it first.