Maternity Leave Planning Guide UK 2026 — SMP, Rights & Timing | Modern Parenting

Maternity Leave Planning Guide UK Everything You Need to Know Before You Tell Work

A complete guide to UK maternity leave for 2026 — covering your legal entitlement, how SMP is calculated, when and how to notify your employer, Shared Parental Leave, your rights on return, and the questions most parents forget to ask.

Updated January 2026 16 min read Parent Life England, Wales & Scotland
Legal note: This guide is for information only and is not legal advice. Employment law is complex and individual circumstances vary — if in doubt, speak to your HR team, ACAS (acas.org.uk), or a Citizens Advice adviser. Full disclaimer →

① Your Maternity Leave Entitlement

In the UK, eligible employees are entitled to up to 52 weeks of statutory maternity leave. This applies to all employees regardless of how long they have worked for their employer or how many hours they work — you do not need to have worked for a minimum period to qualify for maternity leave itself (though SMP has its own qualifying conditions).

Maternity leave is split into two periods: the first 26 weeks are called Ordinary Maternity Leave (OML) and the second 26 weeks are called Additional Maternity Leave (AML). You do not have to take the full 52 weeks, but you must take a minimum of 2 weeks immediately after your baby is born (4 weeks if you work in a factory).

Maternity leave at a glance
Total entitlement52 weeks (26 weeks OML + 26 weeks AML)
Minimum leave2 weeks (4 weeks if you work in a factory)
Who qualifiesAll employees — from day one of employment
Agency workersEntitled to leave after 12 weeks in the same role
Self-employedNot entitled to maternity leave (but may claim Maternity Allowance)
Earliest start11 weeks before your due date

② Statutory Maternity Pay — How It Works

Statutory Maternity Pay (SMP) is the government minimum pay you receive during maternity leave. It is paid by your employer for up to 39 weeks, and your employer recovers most or all of it from HMRC. Maternity pay and maternity leave are separate: you are entitled to 52 weeks of leave, but only 39 weeks of SMP.

SMP qualifying conditions

To qualify for SMP you must: be an employee (not self-employed); have been continuously employed by the same employer for at least 26 weeks into the 15th week before your expected week of childbirth (this is the “qualifying week”); and earn at least the Lower Earnings Limit (£123 per week in 2024/25 — check the current rate with your employer or on gov.uk as this updates in April each year).

How SMP is calculated

PeriodRateDuration
First 6 weeks90% of your average weekly earnings (no cap)6 weeks
Remaining 33 weeksFlat rate (£184.03/week in 2024/25) or 90% of AWE if lower33 weeks
Final 13 weeksUnpaid (statutory entitlement only)13 weeks

Your average weekly earnings are calculated using the 8 weeks of pay slips before the qualifying week. If your pay varies — due to overtime, commission or part-time hours — this average can be lower than your normal monthly salary suggests. Check your payslips for the period covering weeks 17–25 of pregnancy.

📊 Use the Maternity Pay Calculator: Our free Maternity Pay Calculator gives you a week-by-week breakdown of your SMP for all 39 weeks, including the drop-off after the first 6 weeks. Enter your salary and see exactly what you’ll receive each month.

If you don’t qualify for SMP

If you do not meet the qualifying conditions for SMP — for example because you are self-employed, a recent job changer, or earn below the Lower Earnings Limit — you may be eligible for Maternity Allowance from the government. Maternity Allowance pays up to £184.03 per week (or 90% of your AWE if lower) for 39 weeks. You apply directly to the DWP rather than through your employer.

③ Enhanced Maternity Pay

Many employers offer enhanced maternity pay that is more generous than the statutory minimum — for example, full pay for the first 12 or 26 weeks, or a combination of full and reduced pay. Enhanced pay is not a legal requirement; it is an employment benefit that varies significantly by employer and sector. Public sector employers (NHS, education, civil service) tend to offer more generous packages; private sector varies widely.

Your enhanced pay entitlement will be set out in your employment contract or staff handbook. Before planning your finances, confirm the following with your HR department: the exact schedule of enhanced pay; whether it is conditional on returning to work for a minimum period; what happens if you leave before that return-to-work period is met; and whether it stacks with or replaces SMP.

⚠️ Clawback clauses: Many enhanced pay schemes require you to repay some or all of the enhanced element (above SMP) if you leave within a specified period — typically 3–12 months — of returning from maternity leave. Check your contract carefully. Clawback does not apply to the statutory SMP element, only to the top-up your employer pays above SMP.

④ When to Start Your Maternity Leave

You can start maternity leave at any point from 11 weeks before your due date. Most women start leave somewhere between 2 and 4 weeks before their due date, but your circumstances, job demands and how you feel in late pregnancy should determine this — there is no universally right answer.

Considerations when choosing your start date

The earlier you start, the shorter your post-birth leave — this is the most important factor. If you start leave 6 weeks before your due date but the baby is 2 weeks late, you have used 8 weeks of your maternity leave before the baby even arrives. Starting too early can feel right in the moment but leaves less time with the baby.

Annual leave can be taken first. Most employers allow you to take accrued annual leave immediately before your maternity leave — effectively extending the time before SMP begins. You continue to accrue annual leave throughout maternity leave, and any unused leave at the end must be paid or carried over. Discuss this with HR before finalising your start date.

If your baby arrives early, maternity leave automatically begins the day after the birth regardless of when you planned to start. If you are off sick in the 4 weeks before your due date with a pregnancy-related illness, your employer can trigger maternity leave early.

⑤ Notifying Your Employer

You must give your employer at least 15 weeks’ notice before the week your baby is due, telling them: that you are pregnant; your expected week of childbirth (you can provide your MATB1 form); and the date you want to start maternity leave. This is the legal minimum — many employers appreciate earlier notification, and it is usually in your interest to tell them sooner so they can begin planning cover.

1
Get your MATB1 form Your GP or midwife issues this from around 20 weeks of pregnancy. It confirms your expected due date and is required by your employer to process SMP.
2
Notify your employer in writing by 15 weeks before your due date State your due date, your intended leave start date, and provide the MATB1. Your employer must respond within 28 days confirming your leave end date.
3
Discuss annual leave and KIT days Agree how accrued annual leave will be handled (taken before leave, paid on return, or carried over) and whether you plan to use any Keeping in Touch days.
4
Change your start date if needed You can change your maternity leave start date with 28 days’ written notice to your employer (unless this is not reasonably practicable).

⑥ Keeping in Touch (KIT) Days

You can work up to 10 Keeping in Touch days during maternity leave without losing your SMP or ending your leave. KIT days are entirely voluntary — your employer cannot compel you to work them, and you are under no obligation to accept. They are typically used for training, team meetings, annual reviews, or handover planning.

KIT days must be agreed between you and your employer. Your employer must pay you your normal contractual rate for KIT days — and SMP for that week is offset against your pay rather than paid on top, so check with your employer how they structure this. Each KIT day counts as one of your 10 days regardless of how many hours you work that day.

⑦ Shared Parental Leave

Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of Statutory Shared Parental Pay between them in the baby’s first year. SPL is flexible — it can be taken in blocks, concurrently (both parents off at the same time) or alternately.

To access SPL, you first end (or curtail) your maternity leave early. Both parents must meet eligibility criteria: both must be employees or self-employed earners; the primary claimant must qualify for SMP or Maternity Allowance; and the other parent must have worked for their employer for 26 weeks by the 15th week before the due date and earn at least the Lower Earnings Limit. The notice requirements for SPL are detailed — you must give your employer at least 8 weeks’ written notice of any SPL period.

💡 Paternity leave is separate: Your partner is entitled to 1–2 weeks of statutory paternity leave, taken within 8 weeks of the birth. This is on top of — not part of — Shared Parental Leave. Both can be used: paternity leave first, then SPL if you choose to share the rest of your entitlement.

⑧ Your Rights During and After Leave

During maternity leave, you retain all your employment rights except your right to be paid your normal salary. This includes: continued accrual of annual leave; pension contributions (your employer must continue employer contributions based on normal pay, not SMP, during OML and the first 26 weeks of AML); and protection from unfair dismissal or redundancy.

Right to return: If you return within the first 26 weeks (OML), you have the right to return to the same job on the same terms. If you return after more than 26 weeks (into AML), you have the right to return to the same job — or, if that is not reasonably practicable, a suitable alternative job on equivalent or better terms.

Redundancy during maternity leave: If your role is made redundant during maternity leave, you have the right to be offered any suitable alternative vacancy before it is offered to anyone else. This is a protected period. If no suitable vacancy exists and you are made redundant, you are entitled to statutory or enhanced redundancy pay.

Flexible working: You have the right to request flexible working from your first day of employment (since April 2024). Many parents use maternity leave to plan a flexible working request for their return. Your employer must consider it seriously and can only refuse on specific business grounds. See our guide to returning to work after maternity leave for more on the flexible working process.

Key planning summary

The five things to do before telling your employer

1. Get your MATB1 from your midwife (available from around 20 weeks). 2. Calculate your SMP using our free calculator — budget for the drop-off after week 6. 3. Check your contract for enhanced pay and any clawback clauses. 4. Decide your leave start date — factor in annual leave to extend paid time without eating into maternity leave. 5. Check your partner’s entitlement to paternity leave and Shared Parental Leave at the same time as planning your own.

Frequently Asked Questions

Can my employer ask me to come back early from maternity leave?+
No — your employer cannot compel you to return before your agreed return date. They can offer KIT days, which are voluntary. If you want to change your return date, you must give 8 weeks’ written notice. Your employer cannot change your return date without your agreement.
What happens to my pension during maternity leave?+
During OML and the first 26 weeks of AML, your employer must continue paying employer pension contributions as if you were working normally on your full pay — not reduced to match your SMP. Your employee contributions during this period are based on your actual pay (SMP), not your normal salary. During the unpaid final 13 weeks of leave, pension contributions may stop entirely depending on your scheme — check your pension provider’s rules.
Does my annual leave continue to accrue during maternity leave?+
Yes — you accrue statutory annual leave (5.6 weeks) throughout the full 52 weeks of maternity leave, including any unpaid period. If your employer offers more than the statutory minimum, check your contract — enhanced leave often accrues only during paid leave periods. Any annual leave you cannot take because it falls during maternity leave must either be allowed before leave begins or carried over to the next holiday year.
Can I be made redundant while on maternity leave?+
You can be made redundant during maternity leave, but you have enhanced protections. If your role is redundant, your employer must offer you any suitable alternative vacancy that exists — ahead of other employees — before making you redundant. If they fail to do this, the dismissal is automatically unfair. Contact ACAS (acas.org.uk) or a solicitor immediately if you believe this has happened.
What if I want to resign during maternity leave?+
You can resign during maternity leave — your normal notice period applies. You do not have to repay SMP if you resign (SMP is a government entitlement you have earned). You may need to repay any enhanced maternity pay above SMP if your contract includes a clawback clause requiring you to return for a minimum period. Check your contract before making any decision.
This guide is for information only and does not constitute legal or financial advice. Employment law can change — always verify current rates and entitlements at gov.uk. Last reviewed January 2026. Disclaimer →