Bringing a new life into the world is a big transition, and maternity leave gives parents the time and support they need. It allows them to recover, bond with their baby, and settle into life with a newborn.
In the United Kingdom, it’s also a workplace right that helps promote gender equality by providing job security and financial support, making it easier for mothers to return to their careers. But figuring out the specifics—like legal requirements and employee entitlements—can get complicated, especially for companies hiring globally.
Whether you’re an employer supporting your team or a parent-to-be figuring out what’s next, this guide covers everything you need to know about maternity leave in the U.K.
Understanding U.K. statutory maternity leave
Maternity leave in the U.K. is a fundamental workplace right, helping both employees and employers plan ahead. Labor laws protect pregnant employees, guaranteeing time off and financial support. Here’s what to know.
How long is maternity leave in the U.K.?
In the U.K., maternity leave length can be up to 52 weeks:
- 26 weeks of ordinary maternity leave (OML)—available to all employees.
- 26 weeks of additional maternity leave (AML)—optional, which you can take after the first 26 weeks if needed.
This gives new parents plenty of time to bond with their baby. While the average maternity leave in the U.K. typically lasts around 12 months, it’s flexible, allowing families to choose what works best for them.
What are the eligibility requirements for maternity leave in the U.K.?
Under the U.K. maternity leave policy, all employees in the U.K. are entitled to 52 weeks of statutory maternity leave, regardless of their length of service.
However, to qualify for maternity pay, you must meet other requirements (more on those below).
When should maternity leave start in the U.K.?
You have flexibility on when to start your maternity leave. You can begin as early as the 11th week before your due date or choose to work up until the day you give birth. If you don’t specify a date, your maternity leave automatically begins the day after birth.
When should the employer be informed about pregnancy?
By law, you must notify your employer about your pregnancy by the 15th week before your due date. This not only provides legal protection but also helps your employer plan for your leave, manage staffing, and coordinate any PTO (paid time off) or other leave benefits you may have alongside maternity leave.
Maternity pay benefits explained
In the U.K., employees on maternity leave are entitled to a few different types of maternity pay. Let’s break them down:
Statutory maternity pay (SMP)
Statutory maternity pay (SMP) is the standard government-supported pay for eligible employees.
- Eligibility: To qualify, you need to have been employed by your employer for at least 26 weeks by the 15th week before your due date and earn at least £123 per week before tax.
- Amount: SMP is paid for 39 weeks. For the first 6 weeks, you’ll receive 90% of your average weekly earnings. After that, for the remaining 33 weeks, you’ll get either £172.48 per week or 90% of your average earnings, whichever is less.
- When it starts: SMP usually starts on your first day of maternity leave or after the birth, depending on when you choose to begin your leave.
Contractual maternity pay
Contractual maternity pay is a more generous pay option that some employers offer beyond statutory maternity pay.
- Eligibility: This depends on your employment contract. Generally, employees who have been with the employer for a longer period (typically over a year) are more likely to qualify.
- Amount: Some companies offer full pay for several months, followed by statutory pay or other benefits. The specific amount depends on your employer’s policy.
- When it starts: It typically starts around the same time as statutory maternity pay, but the duration may be longer depending on what’s outlined in your contract.
Maternity allowance
Maternity allowance is for employees who don’t qualify for SMP, like self-employed individuals or those with multiple short-term jobs.
- Eligibility: You need to have worked for at least 26 weeks in the 66 weeks before your due date.
- Amount: Maternity allowance is usually £172.48 per week for up to 39 weeks, or 90% of your average weekly earnings if that’s lower.
- When it starts: Maternity allowance begins on your due date or the start of your maternity leave, whichever comes first.
Workplace rights during pregnancy
When you’re expecting, there are certain rights that ensure you’re supported while balancing your pregnancy and work life. Here are some key rights for pregnant employees in the U.K.
Paid time off for antenatal appointments
Expecting mothers are entitled to paid time off for antenatal appointments, which are critical for monitoring both the mother’s and baby’s health. These include regular check-ups, scans, and any necessary medical visits. Employers should ensure that these appointments don’t affect the employee’s pay, as long as the employee gives proper notice.
Health and safety protections
Employers have a responsibility to provide a safe working environment for pregnant employees. They must carry out a risk assessment to spot any potential risks to the employee or the baby. If any hazards are found, the employer should take action—like adjusting duties or working conditions—to ensure safety throughout the pregnancy.
Sick pay while pregnant
Pregnant employees who are unwell due to pregnancy-related issues are entitled to sick pay. If they’re unable to work because of their pregnancy, they might qualify for statutory sick pay (SSP). Employers might also offer extra contractual sick pay depending on their own policies, helping to ease the financial stress if someone needs time off for recovery.
As an employer, understanding these rights helps you plan ahead for potential costs like hiring temporary staff or redistributing workloads while someone is on leave. Being proactive about maternity leave ensures that everything runs smoothly and that employees feel supported.
Rights during maternity leave
Maternity leave in the U.K. comes with more than just paid time off. You’re also protected by key rights and benefits that ensure fair treatment while you’re away from work:
Pension payments and rights during statutory maternity pay
While you’re on statutory maternity leave, your pension contributions continue as usual. Your employer must still contribute to your pension based on the earnings you had before you went on leave. This way, you don’t miss out on building your retirement savings during your time off.
Protection against unfair dismissal
One of the most important protections is that you cannot be dismissed for being pregnant or on maternity leave. If your job is at risk while you’re on leave, your employer must have a valid, non-discriminatory reason for letting you go. This helps to protect your job security during this important time.
Salary increases
If you’re due for a salary increase or bonus during your maternity leave, you’re entitled to it. Your pay should be treated the same as if you were still working, so any salary adjustments that would apply to you normally should apply to you while you're on leave as well.
Accrue holidays
Even though you’re not physically at work, you still continue to accrue paid holiday leave during maternity leave. This ensures that you don’t lose out on time off just because you’re off caring for your new child. You can use this time once you return to work, or carry it over to the following year.
Incentives
If your employer offers any performance-based incentives or bonuses, you might still qualify for these while you’re on maternity leave. If the criteria were set before you took leave, you're entitled to receive them, just as if you were working.
Return to work
Once your maternity leave ends, you're entitled to return to your job. Employers must offer flexibility when it comes to returning to work, and they should support your transition back into the workplace. This might include options for flexible working, if that's something you need.
For businesses hiring employees in different countries, managing maternity leave can be tricky. An employer of record (EOR) like Oyster helps businesses handle these responsibilities, ensuring compliance with labor laws and managing employee benefits smoothly.
Ensure maternity leave compliance with Oyster
Managing maternity leave doesn’t have to be complicated or time-consuming. With Oyster, you can effortlessly ensure full compliance with U.K. maternity leave regulations. From tracking leave and processing pay to handling the legal side of things, Oyster makes it easy to manage every aspect of a leave of absence without worrying about compliance.
Learn more about labor laws in the U.K. and how Oyster ensures global compliance throughout the employee life cycle—in the U.K. and in 180+ countries around the world.
FAQs
How much maternity pay will I get in the U.K.?
Your maternity pay in the U.K. depends on your eligibility and earnings. If you're eligible for statutory maternity pay, the first six weeks are paid at 90% of your average weekly earnings, and the remaining 33 weeks are paid at a flat rate.
Which country has the best maternity leave?
Countries like Sweden, Norway, and Finland are known for offering some of the most generous maternity leave benefits. They provide extended paid leave with options for both parents, helping families balance work and life.
Do all employers have to pay maternity leave in the U.K.?
Most employers in the U.K. are legally required to provide statutory maternity pay if an employee meets the eligibility criteria. This includes having worked for the employer for at least 26 weeks by the 15th week before their due date and meeting the minimum earnings threshold. Some employers also offer contractual maternity pay, which may provide more generous benefits than SMP.
About Oyster
Oyster is a global employment platform designed to enable visionary HR leaders to find, engage, pay, manage, develop, and take care of a thriving distributed workforce. Oyster lets growing companies give valued international team members the experience they deserve, without the usual headaches and expense.
Oyster enables hiring anywhere in the world—with reliable, compliant payroll, and great local benefits and perks.
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