How much maternity leave and pay am I entitled to?
Maternity leave is a day-one right and maternity pay is not. The two qualifying tests, the deadlines that actually matter, and how 52 weeks of leave maps onto 39 weeks of pay.
- Difficulty
- intermediate
- Time
- 18 min
- Read
- 6 min
Short answer
Employees get 52 weeks of maternity leave from their first day in the job, whatever their hours or earnings. Statutory Maternity Pay is separate and needs 26 weeks' continuous service by the qualifying week plus average earnings at or above the lower earnings limit; it runs for 39 weeks, so the last 13 weeks of leave are unpaid. The date everything hangs off is the qualifying week — the 15th week before the week the baby is due.
The single most useful thing to understand is that leave and pay are two different entitlements with two different tests. People who are told they do not qualify for maternity pay often assume they cannot take maternity leave either, which is wrong: leave is a day-one right for every employee. The second useful thing is that almost every deadline in the system counts backwards from the expected week of childbirth, so working out the qualifying week first makes the rest fall into place.
Step by step
- Work out the qualifying week first.It is the 15th week before the week the baby is due. Everything else is measured from it: whether you have the service for pay, when you must tell your employer, and when the earnings test is applied.
- Check the leave entitlement, which is simple.Every employee gets 52 weeks: 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave. No minimum service, no minimum hours, no earnings test. Workers and the genuinely self-employed are not employees and do not get maternity leave.
- Check the pay entitlement, which is not.Statutory Maternity Pay needs 26 weeks' continuous employment with the same employer by the end of the qualifying week, and average weekly earnings at or above the lower earnings limit in the relevant reference period. Both tests have to be met.
- Tell your employer by the end of the qualifying week.Tell them you are pregnant, the week the baby is due, and when you want the leave to start. They must write back within 28 days confirming the date your leave will end. Keep that letter — it is the document that settles later arguments.
- Get the MATB1 and hand it in.The midwife or GP issues the MATB1 maternity certificate at around 20 weeks. Give it to your employer for the maternity pay claim. Leaving it too late can cost you the pay entirely, so hand it over as soon as you have it.
- Choose a start date, and know the earliest.Leave can start from 11 weeks before the expected week of childbirth. It also starts automatically if the baby arrives early, or if you are off work with a pregnancy-related illness in the last four weeks before the due date.
- Understand how the 39 weeks of pay is structured.The first six weeks are paid at a percentage of your own average weekly earnings, with no cap. The remaining 33 weeks are paid at the lower of the flat statutory rate or that same percentage of your earnings. The rates change every April — check the GOV.UK rates and thresholds page for employers.
- Take the compulsory two weeks.You cannot work in the two weeks immediately after the birth — four weeks in a factory. This is not waivable and no keeping-in-touch day can be used in it.
- Use keeping-in-touch days if you want them.Up to ten days, entirely voluntary on both sides. They do not end your leave or lose you that week's pay. Any part of a day counts as a whole one, and what you are paid for them is a matter for agreement, subject to at least the minimum wage.
- Check your contract for anything better.Many employers offer enhanced maternity pay above the statutory minimum, often with a condition about returning to work for a period afterwards. Read the policy: the repayment clause usually applies to the enhancement, not to Statutory Maternity Pay.
- Give notice if you want to return early.You are assumed to be taking the full 52 weeks. To come back sooner, give at least eight weeks' notice. Without it your employer can postpone your return until they have had their eight weeks.
Tips
- Write the qualifying week in your calendar as soon as you know the due date. Every other deadline is measured from it.
- Ask HR for the maternity policy in writing early. Whether the employer enhances pay, and on what conditions, changes how you plan the whole year.
- Keep the letter confirming your leave end date. It is the one document that settles a dispute about when you were due back.
Common mistakes
- Assuming the 52 weeks are all paid — Pay runs for 39 weeks at most. Budgeting for 52 weeks of income and discovering 13 unpaid weeks in month ten is a common and avoidable shock.
- Handing the MATB1 in late — There is a hard cut-off after which the employer is not obliged to pay Statutory Maternity Pay at all, and it is not discretionary once missed.
If it doesn't work
Your employer says you do not qualify for maternity leave
Cause: Confusing the leave test with the pay test — Fix: Maternity leave is a day-one right for every employee with no earnings or hours condition. Put the point in writing, referring to your employee status, and contact Acas if it is not resolved.
Maternity pay has not started
Cause: Usually a missing MATB1 or missing 28 days' notice of the pay start date — Fix: Check payroll has the MATB1 and the notice. If they say you do not qualify they must issue SMP1; ask for it, because you need it to claim Maternity Allowance.
The baby arrived before your planned leave start
Cause: Leave starts automatically the day after the birth — Fix: Tell your employer the birth date in writing as soon as you can. The leave start moves, and so does the end date. Nothing is lost, but the paperwork needs correcting.
Questions people ask
What if I do not qualify for Statutory Maternity Pay?
Your employer must give you form SMP1 explaining why, normally within seven days of deciding. You may then be able to claim Maternity Allowance from Jobcentre Plus, which has a different and often easier qualifying test.
Do I still build up holiday while on maternity leave?
Yes. All your terms and conditions except pay continue throughout both ordinary and additional maternity leave, and statutory and contractual holiday keeps accruing. Many people take accrued holiday immediately after maternity leave ends.
What happens to my pension?
During paid maternity leave the employer normally continues employer contributions based on your normal pay, while your own contributions are based on what you are actually receiving. During unpaid weeks the position depends on the scheme. Ask your pension provider or payroll for your scheme's rule.
Can I be made redundant while on maternity leave?
Redundancy is still possible, but there is special protection: from telling your employer you are pregnant until 18 months after the birth, you must be offered any suitable alternative vacancy in priority over other employees. Being dismissed in breach of that is automatically unfair. Speak to Acas straight away.
Does this apply in Northern Ireland?
Maternity leave and pay work in substantively the same way in Northern Ireland under separate regulations, but Maternity Allowance is administered by the Department for Communities rather than DWP. Check nidirect for the Northern Ireland version of any form or deadline.