Maternity pay in the UK: how Statutory Maternity Pay works and who qualifies

Statutory Maternity Pay (SMP) is the legal minimum your employer pays during maternity leave. It lasts up to 39 weeks. For the first six weeks you get 90% of your average weekly earnings before tax. For the remaining 33 weeks you get £194.32 a week, or 90% of your average weekly earnings if that is less than £194.32.

Who qualifies for SMP?

You must meet two tests at the same time. First, continuous employment with the same employer for at least 26 weeks up to the qualifying week — the 15th week before the week the baby is due. Second, average earnings of at least £129 a week before tax. If both are met, your right to SMP does not depend on whether you plan to return to work.

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How to claim

Tell your employer no later than 15 weeks before the week the baby is due, and say when you want your leave to start. You will need proof of pregnancy — the MATB1 form, which a doctor or midwife issues about 20 weeks before the due date. Your employer works out SMP and pays it like normal wages, deducting tax and National Insurance.

What if you do not qualify?

If your employer decides you are not entitled to SMP, they must give you form SMP1 within seven days explaining why. With that form you can claim Maternity Allowance instead — a state payment through Jobcentre Plus for people who recently changed jobs, are self-employed, or have not built up enough service. Maternity Allowance has its own rules and amounts, checked separately on GOV.UK.

Worth remembering

SMP is taxed and has National Insurance deducted, like ordinary pay. Maternity leave and maternity pay are different: leave can last up to 52 weeks, but at most 39 of those are paid. Many employers pay more than the legal minimum under their own occupational maternity scheme — ask HR in advance. Always check the current amounts and rules on the official GOV.UK pages; rates are reviewed yearly, usually in April.