Understanding UK Maternity Leave Rights: Essential Guide for Employers

If you operate a business in the UK and have employees, it’s crucial to understand maternity leave rights inside and out. Supporting your staff during pregnancy and maternity not only keeps your workplace positive – it’s a legal requirement, too. Getting maternity law right from day one will help you avoid costly tribunal disputes and build a reputation for being a fair, compliant employer.

But maternity leave in the UK can be an area full of questions – from when leave can start, to who is eligible, and even whether employees can work at all while on leave. Don’t stress – with the right guidance, you’ll be set up to meet all your legal obligations and support your employees at a major moment in their lives.

This guide breaks down UK maternity rights for employers, step-by-step. We’ll cover legal entitlements, eligibility, pay, notice requirements, and trickier questions around working during maternity leave. Keep reading to ensure your workplace is legally protected, supportive and fully up to speed with current expectations.

What Are UK Maternity Leave Rights?

Under UK employment law, pregnant employees are entitled to up to 52 weeks of maternity leave – no matter how long they’ve worked for your business. These rights apply to “employees” specifically (and not generally to agency workers or self-employed contractors). This is set out under the Employment Rights Act 1996 and further clarified by regulations such as the Maternity and Parental Leave etc. Regulations 1999.

Here’s how maternity leave is structured:

• Ordinary Maternity Leave (OML): First 26 weeks
• Additional Maternity Leave (AML): Next 26 weeks straight after OML

There should be no gap between OML and AML. Most employees take both, but some may return earlier if they choose.

It’s not just good ethics to comply - failure to honour these statutory rights can open you up to employment tribunal claims for discrimination and unlawful detriment. So, let’s look at exactly what you’re obliged to do.

When Can Maternity Leave Start and End?

Employees can choose to start their maternity leave at any time from the beginning of the 11th week before the expected week of childbirth. There are also events that can trigger leave automatically:

• If the baby is born prematurely, maternity leave begins the day after the birth.
• If the employee is off sick due to a pregnancy-related illness from the 4th week before the baby’s due date, maternity leave starts automatically.

Maternity leave must not end earlier than two weeks after the baby is born (or four weeks for factory workers). This “compulsory maternity leave” period exists even if the employee wishes to return sooner.

How Much Maternity Leave Are Employees Entitled To?

The standard entitlement is:

• Up to 52 weeks’ leave (26 weeks Ordinary + 26 weeks Additional), as above
• 39 weeks of maternity pay (if eligible – see below)
• Minimum compulsory leave immediately after the birth

If an employee decides to return early, they must provide at least eight weeks’ notice before their planned return date. If they don’t, as an employer you can delay their return (but not beyond the total 52-week period).

Who Qualifies for Maternity Leave and Pay?

All employees are entitled to maternity leave – this is not dependent on length of service.

However, eligibility for statutory maternity pay (SMP) has extra requirements:

• The employee must have been continuously employed with you for at least 26 weeks up to the ‘qualifying week’ – this is the 15th week before the expected week of childbirth.
• Average weekly earnings must be at least the lower earnings limit (currently £123 per week) in the 8 weeks up to the qualifying week.
• The employee must provide you with the correct notice and proof of pregnancy (a MAT B1 form).

If your staff member doesn’t meet the criteria for SMP (for example, if they started with you more recently), they may be eligible for Maternity Allowance – a benefit paid directly by the government.

It’s essential to be clear on who is an “employee” for the purpose of these rights. Agency staff, freelancers, or genuine contractors are generally not covered. Learn more about the difference between workers and employees in our guide to Worker vs Employee.

How Does Statutory Maternity Pay (SMP) Work?

If an employee qualifies for SMP, here’s how pay is structured:

• First 6 weeks: 90% of their average weekly earnings (before tax)
• Next 33 weeks: Either £184.03 per week or 90% of their average weekly earnings (whichever is lower)

SMP is paid in the same way as ordinary wages (weekly or monthly, PAYE, with tax and National Insurance deductions).

If SMP is not available (because of short service or lower earnings), you must provide your employee with form SMP1 so they can claim Maternity Allowance from the government.

Employers can often reclaim some or all of the SMP paid out by deducting it from their National Insurance contributions. This can be a significant support, especially for smaller businesses.

What Is Additional Maternity Leave?

After the first 26 weeks (Ordinary Maternity Leave), employees can take up to 26 more weeks of Additional Maternity Leave (AML). This kicks in automatically – there is no separate application process, as long as the employee has not formally ended their leave early. The rights during AML include:

• The right to return to the same (or a suitable alternative) job
• Continued accrual of benefits (such as holiday entitlement)
• Protection from dismissal or unfavourable treatment due to taking leave

SMP is only paid for the first 39 weeks in total, so if the full 52 weeks of leave are taken, the last 13 weeks are usually unpaid unless you offer a contractual maternity pay scheme.

Notice Requirements: What Does an Employee Need to Provide?

Employees need to give you at least 15 weeks’ notice before the expected week of childbirth of the date they intend to start their maternity leave. They can change this date if needed, but must provide at least 28 days’ notice.

Employees must also provide proof of pregnancy, usually via the MAT B1 form from their doctor or midwife.

Having clear policies (outlined in your staff handbook) and checking notices are given in good time will help you stay compliant and prevent confusion.

Can Employees Work During Maternity Leave?

This is one of the most common questions from both employers and staff: Can you work while on maternity leave? The answer depends on the circumstances:

• Employees can’t do their usual work during maternity leave (except in special cases, see below).
• Employees are allowed up to 10 “Keeping In Touch” (KIT) days without losing SMP or ending their leave. KIT days let staff attend training, meetings, or do work for short periods by agreement.
• If an employee works more than 10 KIT days, maternity leave and pay may end.
• Working for a different employer during leave: If your employee already worked for another business before their maternity leave began, they may carry on with that job. However, starting a new job while on maternity leave from you could end their SMP and present compliance risks.

In summary, it’s possible for an employee to do some paid work during maternity leave (but only within the KIT day limit, and this must be by mutual agreement).

If you have concerns, get advice and ensure you have a clear policy in your employment contracts about outside work during leave.

What Are Employers’ Obligations When an Employee Is on Maternity Leave?

Your obligations don’t stop once your employee goes on leave. Key duties include:

• Continuing employment throughout the maternity leave period
• Maintaining all contractual benefits (except pay) such as holidays, pensions, and use of facilities
• Not treating employees less favourably due to pregnancy or maternity leave (protected under the Equality Act 2010)
• Allowing the employee to return to the same, or (after AML) a suitable equivalent role
• Keeping accurate records for payroll and compliance purposes

Dismissing or making an employee redundant because of maternity leave is automatically considered unfair and discriminatory. If redundancy genuinely applies, you must follow objective, fair procedures and offer any suitable available vacancies.

You should also be proactive in discussing return-to-work arrangements and offering reasonable adjustments, especially if the employee requests flexible working.

Risks for Employers: What Happens If You Get It Wrong?

Getting maternity rights wrong isn’t just about bad publicity. If you fail to provide the right leave, pay, or protection from discrimination, your employee could bring a claim to an Employment Tribunal. Common risks include:

• Claims for discrimination or unfair dismissal
• Failure to pay SMP or allow the correct leave
• Breaches of health and safety (for pregnant employees or new mothers)
• Reputational harm and loss of talent

It’s therefore vital to keep good HR records, seek legal clarification on anything unusual, and make sure your contracts and handbooks are up-to-date. For more on avoiding contract and employment pitfalls, see our articles: How Important Is An Employment Contract? and Breach Of Employment Contract.

FAQs: UK Maternity Rights for Employers

• Does every employee get maternity leave? Yes – all employees, regardless of length of service.
• Can an employee return early from leave? Yes, with at least 8 weeks’ notice.
• Can employees “work” during their leave? Only for up to 10 KIT days, with employer agreement.
• What if the baby is born prematurely? Maternity leave starts the day after birth.
• Are agency staff entitled? True agency workers and contractors generally do not have statutory maternity leave rights, though they may have other entitlements.
• Can an employee have two jobs on maternity leave? If one job was held before maternity leave starts, it can continue. Taking a new job elsewhere could end their maternity pay.

For more HR legal checklists and overviews, see our guide: A Guide To Employee Onboarding.

How To Set Up Solid Maternity Policies

While statutory maternity leave and pay provide the baseline, many employers choose to offer enhanced (contractual) maternity pay, phased return-to-work, or additional support. Whatever your practice, it is essential to have:

• Written maternity policy in your staff handbook
• Clear notice and return-to-work procedures
• Up-to-date employment contracts reflecting statutory rights
• Training for managers on equality and non-discrimination

If you need help putting these documents in place, or updating your employment terms, our team at Sprintlaw UK can help you review your workplace policy and staff handbook or draft bespoke maternity provisions in your employment contracts.

Key Takeaways: UK Maternity Leave Rights for Employers

• UK maternity leave rights entitle all employees to up to 52 weeks’ leave, split between Ordinary and Additional Maternity Leave, with a minimum compulsory two week leave post-birth.
• Statutory Maternity Pay runs for up to 39 weeks, provided strict eligibility and notice criteria are met. If not, employees may get Maternity Allowance instead.
• Employees can do up to 10 “Keeping In Touch” days but cannot exceed this without affecting their leave and statutory pay. Taking a new job during maternity leave can end SMP.
• Employers have a legal duty to protect against discrimination, maintain benefits, facilitate a smooth return, and ensure contractual and HR processes are robust.
• Errors around maternity law can lead to discrimination claims, tribunal action, and reputational damage – set up strong policies and seek guidance when needed.
• Consider reviewing or upgrading your employment contracts and staff handbook to ensure compliance and best practice.

Setting up your legal foundations around maternity rights keeps your team safe, your business compliant, and can help your company become an employer of choice. If the steps feel overwhelming or you’re unsure how to update your documents, don’t hesitate to reach out.

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Need help with UK maternity rights, employment contracts or workplace policies? You can reach the Sprintlaw UK team for a free, no-obligations chat at team@sprintlaw.co.uk or call 08081347754 today.