Maternity leave and pay in the UK: 52 weeks off, £194.32 a week and what to do if your employer says no

Maternity leave in the UK is long and the pay is short. You can be off for up to 52 weeks, but only 39 of them are paid, and most of that is a flat rate of £194.32 a week. Here is what you are entitled to, what it comes to in money, and the dates you cannot afford to miss.

How long maternity leave lasts

Statutory Maternity Leave is 52 weeks, split into Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the last 26). You do not have to take all of it, but everyone must take at least 2 weeks after the birth — 4 weeks if you work in a factory.

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You usually cannot start earlier than 11 weeks before the expected week of childbirth. Two things start it automatically: the baby arriving early (leave starts the day after the birth), and being off work with a pregnancy-related illness in the 4 weeks before the week the baby is due.

The leave itself is a day-one right for any employee. No length of service is needed. Service is what decides the money, and those are two different things.

How much you get: SMP week by week

Statutory Maternity Pay runs for 39 of the 52 weeks:

— the first 6 weeks: 90% of your average weekly earnings before tax, with no cap;
— the next 33 weeks: £194.32 a week, or 90% of average weekly earnings if that is lower;
— the final 13 weeks of leave: nothing.

SMP is paid like wages, by your employer, on your normal pay dates, with tax and National Insurance deducted. Worth knowing in advance: £194.32 is the figure before deductions, not what lands in your account.

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Roughly: on a salary of about £2,000 a month, the first six weeks feel close to normal, and after that the gross figure drops to around £840 a month. That is the point to budget from — not week one.

Who qualifies for SMP

Three conditions at once:

— you are an employee, not a worker and not self-employed;
— you have worked for that employer continuously for at least 26 weeks into the qualifying week — the 15th week before the expected week of childbirth;
— you earn on average at least £129 a week.

The 15th week before the birth is the date everything hangs on — roughly the end of the sixth month. Service is measured against it, not against the day you start leave. That is why changing jobs during pregnancy is the usual reason SMP is lost.

If SMP is refused: Maternity Allowance

A refusal is not the end. Your employer must give you form SMP1 within 7 days explaining why. With it you claim Maternity Allowance, which is paid by the state rather than the employer.

The rates:

— £194.32 a week or 90% of average weekly earnings, whichever is less, for up to 39 weeks if you are employed or recently stopped working;
— between £27 and £194.32 a week for up to 39 weeks if you are self-employed. The full rate goes to those registered with HMRC for at least 26 of the 66 weeks before the due date who have paid Class 2 National Insurance for at least 13 of them;
— £27 a week for up to 14 weeks if you do unpaid work for your spouse's or civil partner's business.

One catch: Maternity Allowance is deducted pound for pound from Universal Credit, and Jobseeker's Allowance stops. Total support usually stays the same rather than stacking up.

What to tell your employer, and when

You must tell your employer about the pregnancy at least 15 weeks before the beginning of the week the baby is due, and say when you want leave to start. Proof is the MATB1 certificate, issued by your midwife or doctor from around week 20.

You can move the start date with 28 days' notice, and change your return date with 8 weeks' notice. If you simply return on the date you already gave, no further notice is needed.

What else your employer owes you during pregnancy

Paid time off for antenatal appointments at your normal rate, including antenatal or parenting classes recommended by a doctor or midwife. A partner is entitled to unpaid time off for up to 2 appointments.

A risk assessment as soon as you tell them: heavy lifting, long periods standing, chemicals, night and long shifts. If the risk cannot be removed and no other work can be offered, your employer must suspend you on full pay.

Discrimination because of pregnancy is against the law. If shifts quietly dry up after you announce a pregnancy, that is exactly the moment to start keeping payslips and messages.

Leave and pay for the father or partner

Paternity Leave is 2 weeks, paid at £194.32 a week or 90% of average weekly earnings, whichever is lower, through the employer with tax deducted. It is a separate right and does not reduce the mother's leave.

What happens to your job while you are off

Your terms are protected: pay rises and improvements introduced while you are away apply to you too. Holiday keeps accruing and can be taken before or after leave.

You can work up to 10 keeping in touch (KIT) days without ending your leave. They are voluntary on both sides — neither party can insist.

Returning: after up to 26 weeks you go back to your own job. After longer leave you return to your job, or to a similar one on no worse terms if that is not possible.

And there is redundancy protection: if redundancies happen, you must be offered a suitable alternative vacancy as a priority. That protection runs until 18 months from the child's birth, so it covers you after you are back at work too.

£500 and free NHS care

The Sure Start Maternity Grant is a one-off £500. You can get it if you are expecting your first child (or a multiple birth and already have children) and you or your partner receive certain benefits. The window is strict: no earlier than 11 weeks before the due date and no later than 6 months after the birth. There is no grant in Scotland — it is the Pregnancy and Baby Payment there.

Free NHS prescriptions and free NHS dental treatment apply throughout pregnancy and for 12 months after the birth, via a maternity exemption (MatEx) certificate. You apply with your midwife or GP on form FW8 and the certificate arrives by post. Keep prescription receipts while you wait — you can claim the money back.

Step by step

1. Find your expected due date and count back 15 weeks — that is the date that decides both your service and your notice.
2. Get the MATB1 from your midwife from around week 20.
3. Tell your employer in writing about the pregnancy and your intended start date.
4. Ask for written confirmation of your SMP amount and dates. If refused, demand SMP1 and claim Maternity Allowance.
5. Apply for MatEx and check whether you qualify for the Sure Start Maternity Grant.
6. Budget from week 7 of your leave, not week 1.

Read also: Child Benefit · free childcare hours · statutory sick pay · what you are owed if made redundant