Maternity pay and leave
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1. Overview
When you take time off to have a baby you might be eligible for:
- Statutory Maternity Leave
- Statutory Maternity Pay
- paid time off for antenatal care
- extra help from the government
You can check what maternity pay and leave you鈥檙e eligible for.
This guide is also available in Welsh (Cymraeg).
There are rules on when and how to claim your paid leave and if you want to change your dates.
You can work out your maternity pay and leave online.
You may also be eligible to get Shared Parental Leave and Pay.
Employment rights when on leave
Your employment rights are protected while on Statutory Maternity Leave. This includes your right to:
- pay rises
- build up (accrue) holiday
- return to work
2. Leave
Statutory Maternity Leave is 52 weeks. It鈥檚 made up of:
- Ordinary Maternity Leave - first 26 weeks
- Additional Maternity Leave - last 26 weeks
You do not have to take 52 weeks but you must take 2 weeks鈥� leave after your baby is born (or 4 weeks if you work in a factory).
Use the maternity planner to work out the dates for your ordinary and additional leave.
You may be entitled to take some of your leave as Shared Parental Leave.
Start date and early births
Usually, the earliest you can start your leave is 11 weeks before the expected week of childbirth.
Leave will also start:
- the day after the birth if the baby is early
- automatically if you鈥檙e off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) that your baby is due
Use the maternity planner to work out the earliest date your maternity leave can start.
Change your date for returning to work
You must give your employer at least 8 weeks鈥� notice if you want to change your return to work date.
3. Pay
Statutory Maternity Pay (SMP) is paid for up to 39 weeks. You get:
- 90% of your average weekly earnings (before tax) for the first 6 weeks
- 拢184.03 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks
SMP is paid in the same way as your wages (for example monthly or weekly). Tax and National Insurance will be deducted.
Use the maternity pay calculator to work out how much you could get.
If you take Shared Parental Leave you鈥檒l get Statutory Shared Parental Pay (ShPP). ShPP is 拢184.03 a week or 90% of your average weekly earnings, whichever is lower.
Start date
SMP usually starts when you take your maternity leave.
It starts automatically if you鈥檙e off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) that your baby is due.
Problems and disputes
Ask your employer to explain your SMP if you think it鈥檚 not right. If you disagree about the amount or your employer cannot pay (for example because they鈥檙e insolvent), contact the Statutory Payment Disputes Team.
4. 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.
5. How to claim
Statutory Maternity Leave
At least 15 weeks before your due date, tell your employer when the baby is due and when you want to start your maternity leave. Your employer can ask for this in writing.
Your employer must write to you within 28 days confirming your start and end dates.
Use the maternity planner to work out when you must claim your maternity leave.
Statutory Maternity Pay (SMP)
Tell your employer you want to stop work to have a baby and the day you want your SMP to start. You must give them at least 28 days鈥� notice (in writing if they ask for it) and proof that you鈥檙e pregnant.
Your employer must confirm within 28 days how much SMP you鈥檒l get and when it will start and stop.
If they decide you鈥檙e not eligible, they must give you form SMP1 within 7 days of making their decision and explain why.
Proof you鈥檙e pregnant
You need to give your employer proof of the pregnancy to get SMP. You do not need it for maternity leave.
Within 21 days of your SMP start date (or as soon as possible if the baby鈥檚 born early) give your employer either:
- a letter from your doctor or midwife
- your MATB1 certificate - doctors and midwives will give you this no more than 20 weeks before the due date
You will not get SMP if you do not give your employer proof that the baby is due.
6. Extra help
Maternity benefits
Use a benefits calculator to see what help you can get from:
- Universal Credit
- Child Benefit
- Child Tax Credit
- Working Tax Credit - this can continue for 39 weeks after you go on maternity leave
- Income Support - you may get this while you鈥檙e not working
You could get a 拢500 Sure Start Maternity Grant (usually if it鈥檚 your first child).
If you鈥檙e not eligible for Statutory Maternity Pay, you could get Maternity Allowance from the government.
Company maternity schemes
You might get more than the statutory amount of leave and pay if your employer has a company maternity scheme. They cannot offer you less than the statutory amount.
Extra leave
You could get 18 weeks鈥� unpaid parental leave after the birth - this may be restricted to 4 weeks per year.