Maternity rights are some of the strongest protections in UK employment law. Getting them wrong exposes employers to automatically unfair dismissal and pregnancy discrimination claims — both of which carry uncapped compensation. Every employer needs to understand these rules thoroughly.
Maternity Leave
- 52 weeks total — split into 26 weeks' Ordinary Maternity Leave and 26 weeks' Additional Maternity Leave
- Day-one right — all employees are entitled to maternity leave regardless of length of service
- Earliest start: 11 weeks before the expected week of childbirth
- Compulsory leave: The employee must take at least 2 weeks off after birth (4 weeks for factory workers)
Statutory Maternity Pay (SMP)
To qualify for SMP, the employee must:
- Have 26 weeks' continuous service by the 15th week before the due date
- Earn at or above the LEL for National Insurance
- Provide the correct notice and medical evidence (MATB1 form)
SMP is paid for 39 weeks:
- First 6 weeks: 90% of average weekly earnings (no cap)
- Remaining 33 weeks: The lower of 90% of average weekly earnings or the flat statutory rate
Employers can recover 92% of SMP paid (or 103% for small employers qualifying for Small Employers' Relief).
Rights During Maternity Leave
- All contractual benefits continue (except pay) — including holiday accrual, pension contributions, and company car
- The employee must be kept informed of opportunities and vacancies
- If redundancy arises, the employee on maternity leave must be offered a suitable alternative vacancy in priority
- The employee is protected from detriment or dismissal related to pregnancy or maternity
Returning to Work
- After Ordinary Maternity Leave: right to return to the same job
- After Additional Maternity Leave: right to return to the same job, or if not reasonably practicable, a suitable alternative role on no less favourable terms
- The employee can request to return part-time under flexible working rights
Our HR support team handles maternity cases from notification through to return. Contact us for guidance.