Maternity pay and leave
Eligibility
Statutory Maternity Leave
You qualify for Statutory Maternity Leave if:
- you鈥檙e an employee not a 鈥榳orker鈥�
- you give your employer the correct notice
It does not matter how long you鈥檝e been with your employer, how many hours you work or how much you get paid.
You cannot get Statutory Maternity Leave if you have a child through surrogacy - you could get Statutory Adoption Leave and Pay instead.
Statutory Maternity Pay (SMP)
To qualify for SMP you must:
- earn on average at least 拢123 a week
- give the correct notice and proof you鈥檙e pregnant
- have worked for your employer continuously for at least 26 weeks continuing into the 鈥榪ualifying week鈥� - the 15th week before the expected week of childbirth
You cannot get SMP if you go into police custody during your maternity pay period. It will not restart when you鈥檙e discharged.
Early births or you lose your baby
You can still get Statutory Maternity Leave and SMP if your baby:
- is born early
- is stillborn after the start of your 24th week of pregnancy
- dies after being born
If you鈥檙e not eligible for SMP
Your employer must give you form SMP1 explaining why you cannot get SMP within 7 days of making their decision. You may be eligible for Maternity Allowance instead.