Maternity leave

What is maternity leave?

Maternity leave is time away from work for employees who are expecting or have recently had a baby. In the UK, eligible employees can take up to 52 weeks of statutory maternity leave, regardless of how long they have worked for their employer.  

It gives parents time to recover from childbirth, bond with their baby and prepare for returning to work, while protecting key employment rights.

How maternity leave works

In the UK, employees can take up to 52 weeks of statutory maternity leave. This is split into:

• 26 weeks of ordinary maternity leave

• 26 weeks of additional maternity leave

Employees do not have to take the full entitlement, but they must take at least two weeks off after giving birth (four weeks for factory workers).

To qualify, employees normally need to notify their employer by the 15th week before their baby is due.  

Statutory Maternity Pay (SMP)

Statutory Maternity Pay (SMP) is the minimum amount eligible employees must receive during maternity leave. SMP can be paid for up to 39 weeks.

The payment structure is:

• First 6 weeks: 90% of average weekly earnings before tax.

• Next 33 weeks: £194.32 per week or 90% of average weekly earnings, whichever is lower.

Some employers offer enhanced maternity pay as part of their benefits package. This can help attract and retain talented employees at a time when many new parents face financial pressures.  

Recent research found that mothers lose an average of £65,618 in earnings by the time their first child turns five, highlighting the long-term financial impact of parenthood.

Benefits of maternity leave for employers

A well-managed maternity leave policy benefits both employees and employers. It can help businesses:

• Retain experienced employees and reduce recruitment costs

• Improve employee loyalty and morale

• Strengthen their reputation as a supportive employer

• Ensure compliance with employment law

For SMEs in particular, keeping skilled team members often costs far less than replacing them. Supporting employees through pregnancy and their return to work can also help create a more positive and stable workplace culture.

Maternity leave vs shared parental leave

Both maternity leave and shared parental leave give parents time away from work after the birth or adoption of a child. The main difference is that maternity leave is available to the birth parent, while shared parental leave allows eligible parents to share time off and pay, giving families more flexibility in how they balance work and childcare.

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Employer responsibilities during maternity leave

Employers must support employees throughout their maternity leave and protect their statutory rights. This includes:

• Confirming maternity leave dates and pay arrangements

• Continuing employment benefits where required

• Allowing annual leave to build up during maternity leave

• Keeping employees informed about important workplace developments

• Avoiding discrimination or unfair treatment related to pregnancy or maternity

When an employee returns to work, employers must ensure they can return to the appropriate role in line with their maternity leave entitlement and employment rights.

FAQs

1. Can an employee return early from maternity leave?

Yes. Employees can return before the end of their maternity leave, but they must usually give their employer at least eight weeks' notice of their intended return date.

2. Do small businesses have to provide maternity leave?

Yes. Eligible employees have the same statutory maternity leave rights regardless of the size of the business. Small businesses must comply with UK maternity leave and maternity pay rules.

3. What happens when maternity leave ends?

Employees have the right to return to work after maternity leave. In most cases, they can return to the same job with the same terms and conditions.