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Maternity & Paternity Leave UK: Rights Explained

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Part ofUK Employment Law Advice

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Becoming a parent changes almost everything, and the weeks around a birth or adoption are rarely the right time to be untangling employment law. Yet that is often when questions arise: how much time can I take, how much will I be paid, when do I need to tell my employer, and what happens to my job while I'm away? This page walks through the core statutory rights that apply to expecting parents in the UK, covering both maternity and paternity leave. It is written for employees who want a plain-English overview before speaking to HR or planning their leave. Rules differ slightly for agency workers, the self-employed, and those adopting or using a surrogate, so always check your specific position. Figures such as weekly pay rates and earnings thresholds are updated by the government each tax year, so confirm the current amount on gov.uk before relying on it.

Overview

Maternity leave is the statutory period of time off work that a pregnant employee is entitled to take around the birth of her child. The entitlement runs for up to 52 weeks in total, regardless of length of service, and is split into the first 26 weeks (often called ordinary maternity leave) and a further 26 weeks (additional maternity leave).

Separately, eligible employees may qualify for Statutory Maternity Pay, which is paid for up to 39 of those weeks at two different rates, or for Maternity Allowance paid by the state where the employee does not qualify for SMP. Paternity leave is a much shorter entitlement, giving eligible fathers, partners, and nominated carers a short block of paid time off to support the mother and bond with the new child.

There are also related rights, including Shared Parental Leave, which lets parents divide a pooled amount of leave and pay between them, and the right to return to the same or a similar job.

Key steps

  1. Confirm your eligibility early. Check how long you have been continuously employed, your average weekly earnings, and whether you meet the qualifying conditions for Statutory Maternity Pay, Maternity Allowance, or statutory paternity leave. Eligibility is usually assessed against a specific qualifying week tied to the expected week of childbirth, so timing matters.
  2. Tell your employer in writing. For maternity leave, you generally need to notify your employer no later than the 15th week before your expected week of childbirth, stating that you are pregnant, your due date, and the date you want your leave to start. For paternity leave, separate notice rules apply and should be given well ahead of the birth.
  3. Provide supporting evidence. Employers can ask for a MATB1 certificate from your midwife or GP as proof of pregnancy and due date. Keep a copy for your records. Adoptive parents will need matching certificates instead, and surrogacy arrangements have their own documentation requirements.
  4. Agree pay, leave dates and keeping in touch days. Confirm in writing when your leave will start, when it will end, how pay will be calculated, and whether you want to use Keeping in Touch days to stay connected with work. Check whether your contract offers enhanced maternity or paternity pay above the statutory minimum.
  5. Plan your return to work. If you want to return before using your full entitlement, you must give your employer the required notice. Think about flexible working requests, childcare arrangements, and any handover you need from the person covering your role. Your job protection rights depend on which part of the leave you are returning from.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q How much maternity leave am I entitled to in the UK?
Eligible employees can take up to 52 weeks of statutory maternity leave, made up of 26 weeks of ordinary maternity leave followed by 26 weeks of additional maternity leave. The entitlement does not depend on length of service, although pay entitlements do. You must take at least two weeks off immediately after the birth, or four weeks if you work in a factory, as this compulsory period is required by law.
Q How is Statutory Maternity Pay calculated?
Statutory Maternity Pay is paid for up to 39 weeks. For the first six weeks it is paid at 90% of your average weekly earnings with no cap. For the remaining weeks it is paid at either the standard statutory rate or 90% of your average weekly earnings, whichever is lower. The statutory rate is reviewed each April, so check gov.uk for the current amount.
Q How long is paternity leave?
Statutory paternity leave is up to two weeks, which can be taken as a single block of one or two consecutive weeks. It cannot start before the birth and must usually be taken within a set window after the child is born or placed for adoption. Recent changes have made the timing and notice rules more flexible, so confirm the current rules on gov.uk before planning your leave.
Q What is Shared Parental Leave and how does it differ?
Shared Parental Leave allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay between them during the child's first year. It is separate from maternity and paternity leave and requires the mother to curtail her maternity leave. Parents can take the leave at the same time or in blocks, giving families more flexibility than the traditional maternity or paternity route.
Q Can my employer refuse my maternity or paternity leave?
No, not if you are eligible and have given the correct notice. Statutory maternity and paternity leave are legal rights, not something an employer can grant or decline at will. Employers can ask for proof of your entitlement, such as a MATB1 certificate, and can challenge notice that was given late. If you believe your rights are being denied, you can raise a grievance or seek guidance.
Q Am I protected from dismissal during maternity leave?
Yes. Dismissing an employee because of pregnancy, childbirth, or maternity leave is automatically unfair and is also pregnancy and maternity discrimination under the Equality Act 2010. Employees on maternity leave also have enhanced rights in a redundancy situation, including priority for any suitable alternative vacancy. These protections have been strengthened in recent years, so check the current position if a redundancy arises.
Q What if I do not qualify for Statutory Maternity Pay?
If you do not meet the conditions for SMP, for example because you are self-employed or have not earned enough with your current employer, you may still qualify for Maternity Allowance paid by the government. The amount and length of payment depend on your recent work and earnings history. Claims are made directly to the Department for Work and Pensions rather than through an employer.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.