Maternity rights and leave
Maternity leave & pay: basics and rights
All employees are entitled to up to 52 weeks’ statutory maternity leave from their first day of employment, regardless of hours worked or length of service. This consists of 26 weeks of Ordinary Maternity Leave (OML) and 26 weeks of Additional Maternity Leave (AML). At least two weeks’ leave after childbirth is compulsory (four weeks for factory workers). Employees retain all contractual benefits except pay during leave, continue to accrue holiday, and are protected from discrimination or dismissal due to pregnancy or maternity. Employers must conduct risk assessments for pregnant employees and make reasonable adjustments as needed, including offering suitable alternative work or paid suspension if risks cannot be mitigated.
Statutory Maternity Pay (SMP): calculations and eligibility
To qualify for SMP in 2025/26, an employee must have been continuously employed for at least 26 weeks up to the end of the 15th week before the expected week of childbirth (the “qualifying week”) and have average weekly earnings of at least £125 in the relevant period. SMP is paid for up to 39 weeks: the first 6 weeks at 90% of average weekly earnings, followed by 33 weeks at the lower of £187.18 per week or 90% of average weekly earnings. SMP is subject to tax and National Insurance. If a pay rise occurs after the reference period but before the end of maternity leave, SMP must be recalculated as if the pay rise had taken effect at the start of the reference period, and any arrears paid.
SMP is paid by the employer, who can reclaim at least 92% from HMRC (103% for small employers).
Employees dismissed or who resign after the qualifying week remain entitled to SMP for the full period, even if their employment ends before or during maternity leave.
If an employee does not qualify for SMP, they must be provided with form SMP1 and may claim Maternity Allowance instead.
Maternity rights and pay: non-traditional employees
Agency workers may qualify for SMP if they meet the employment and earnings criteria, even if not entitled to statutory maternity leave. The agency is responsible for SMP payments. Zero-hours employees can also qualify for SMP if they meet the same criteria. Freelancers and self-employed individuals are not eligible for SMP but may claim Maternity Allowance if they have worked and earned at least £30 per week in 13 of the 66 weeks before the due date. Maternity Allowance is paid by Jobcentre Plus at the lower of £187.18 per week or 90% of average weekly earnings for up to 39 weeks, and is not subject to tax.
Statutory vs Enhanced Maternity Pay
Statutory Maternity Pay is the legal minimum. Enhanced (contractual) maternity pay is any arrangement where the employer pays more than the statutory minimum, either in amount or duration. Enhanced schemes may include full pay for a set period, half pay, or longer paid leave, and may have additional eligibility criteria (e.g., longer service). Employers can require repayment of the enhanced portion (not SMP) if the employee does not return to work, provided this is clearly stated in the contract. Enhanced pay must be set out transparently and applied consistently to avoid discrimination.
Notification and documentation procedures
Employees must notify their employer of pregnancy, the expected week of childbirth, and intended maternity leave start date by the end of the 15th week before the due date. Notice does not have to be in writing unless requested. Employers may request a MATB1 certificate (issued from 20 weeks’ pregnancy) as proof. Employers must respond within 28 days, confirming leave dates and entitlement. Employees wishing to change their leave start date must give at least 28 days’ notice; less notice may be accepted by agreement.
Time off for appointments, Keeping in Touch (KIT) days, and holiday
Pregnant employees are entitled to reasonable paid time off for antenatal appointments from day one of employment. Agency workers gain this right after 12 weeks in the same placement. KIT days allow up to 10 days’ work during maternity leave without ending the leave or SMP entitlement; both parties must agree to KIT days and pay. Employees continue to accrue statutory holiday during maternity leave and cannot take holiday at the same time as maternity leave. Accrued holiday can be taken before or after maternity leave, and statutory holiday not taken due to maternity leave must be allowed to carry over to the next holiday year.
Changes in maternity leave circumstances
If an employee is absent due to pregnancy-related illness in the four weeks before the due date, maternity leave starts automatically the day after the first absence. If the baby is born early, maternity leave and SMP start the day after the birth. Employees can change their planned leave start date by giving 28 days’ notice or by mutual agreement if less. Pay rises awarded after the SMP reference period but before the end of maternity leave require SMP to be recalculated and arrears paid. Employees wishing to return to work early must give at least eight weeks’ notice.
Employers must keep employees on maternity leave informed of significant workplace developments and opportunities, including redundancy consultations, to avoid discrimination claims.
Failure to pay correct SMP, provide payslips, or maintain contact may result in claims for constructive dismissal and discrimination.
Legal risks and record-keeping
Failure to comply with statutory maternity rights can result in claims for unfair dismissal, sex discrimination, or automatic unfair dismissal in redundancy situations. Employers must offer suitable alternative vacancies to employees on maternity leave in redundancy situations, with priority over other employees. All communications, notices, calculations, and evidence of eligibility must be documented and retained for at least three years for HMRC purposes.
Paternity rights and leave
Statutory paternity leave: entitlement and eligibility
Employees are entitled to up to two weeks’ statutory paternity leave if they are the biological father, the partner (including same-sex partners) of the mother or adopter, or the intended parent in a surrogacy arrangement, provided they have at least 26 weeks’ continuous employment by the end of the 15th week before the expected week of childbirth or, for adoption, by the week of matching or placement. The leave can be taken as either one block of two weeks or two separate one-week blocks, and must be used to care for the child or support the partner. Paternity leave must be taken within 52 weeks of the birth or adoption placement, and cannot start before the birth or placement occurs. Employees must provide notice of their intention to take paternity leave by the end of the qualifying week, and give at least 28 days’ notice of the intended start date for each period of leave. Written confirmation of eligibility and intention to care for the child is required, typically via the SC3 form or equivalent employer documentation.
Statutory paternity pay: rates and conditions
Statutory paternity pay (SPP) for the 2025/26 tax year is £187.18 per week or 90% of average weekly earnings, whichever is lower. Employees must meet the same eligibility criteria as for paternity leave and must earn at least £125 per week (before tax) in the relevant period. SPP is paid in the same way as wages and is subject to tax and National Insurance. If an employee is not eligible for SPP, the employer must provide form SPP1 within 28 days of the request. Enhanced paternity pay may be offered under company policy but cannot be less than the statutory minimum.
Changes to paternity leave start dates and notice
For children born or placed for adoption on or after 6 April 2024, employees may take their two weeks’ paternity leave at any point within the first 52 weeks after birth or placement, rather than within the previous 8-week window. Leave can be split into two separate one-week blocks. Notice of entitlement must still be given by the end of the qualifying week, but employees now only need to give 28 days’ notice of the intended start date for each period of leave. For adoption, the notice period remains seven days after matching for UK adoptions, and 28 days before the start of leave for overseas adoptions. Employees can vary the dates of planned leave with 28 days’ notice.
Supporting employees after miscarriage, stillbirth, or death of a baby
Employees are entitled to statutory paternity leave and pay if the baby is stillborn after 24 weeks of pregnancy or born alive at any stage but dies shortly after birth. Leave can be taken as originally planned or, if not yet booked, within 8 weeks of the death. Employees may also be eligible for statutory parental bereavement leave and pay, which provides up to two weeks’ leave following the death of a child under 18 or a stillbirth after 24 weeks. In the case of miscarriage before 24 weeks, there is no statutory entitlement to paternity leave, but employers should consider offering compassionate or sick leave and provide appropriate support, recognising the significant emotional impact. Employers should be sensitive to language and employee preferences regarding the nature of leave taken in these circumstances.
Time off for antenatal appointments
Fathers, partners (including same-sex partners), and intended parents in surrogacy arrangements are entitled to unpaid time off to attend up to two antenatal appointments, with a maximum of 6.5 hours per appointment (including travel). This right applies from day one of employment for permanent employees, and after 12 weeks for agency workers. Employers may allow additional time or paid leave at their discretion, but there is no statutory right to paid time off for these appointments unless provided for in the employment contract or policy. For adoption, the secondary adopter is entitled to unpaid time off for up to two adoption appointments.
Record-keeping and compliance
Employers must keep records of paternity leave and pay, including start dates, payments made, and supporting evidence (such as adoption matching certificates), for at least three years from the end of the relevant tax year. Failure to comply with statutory paternity leave and pay obligations can result in claims for detriment or discrimination under the Employment Rights Act 1996 and Equality Act 2010. Consistent application of policies and clear communication are essential to minimise legal risk and support employee wellbeing.
Shared parental leave and pay
Eligibility and initial steps
Confirm that both the employee and their partner meet the eligibility criteria for SPL and ShPP. The employee must have at least 26 weeks’ continuous employment by the end of the 15th week before the expected week of childbirth or adoption match date, and still be employed a week before any SPL is taken. The partner must meet the employment and earnings test by having worked in at least 26 of the 66 weeks leading up to the expected week of childbirth or adoption match date, and having earned a total of at least £390 in any 13 of those weeks (not necessarily consecutively).
SPL and ShPP can only be created if the birth parent or primary adopter curtails (ends) their maternity or adoption leave/pay or Maternity Allowance, after taking at least 2 weeks’ compulsory leave (4 weeks if working in a factory). This curtailment must be notified in writing to the employer.
Notice and documentation requirements
Require the employee to submit a written notice of entitlement and intention to take SPL, including details of how much leave/pay is available, how it will be shared, and a signed declaration from both parents. This must be provided at least 8 weeks before the intended start of any SPL.
The employer may request additional information within 14 days, such as a copy of the birth certificate or the partner’s employer details. The employee must provide this within 14 days of the request.
Each parent can submit up to three notices to book or vary blocks of SPL. Continuous leave requests (a single, unbroken period) must be accepted. Requests for discontinuous leave (separate blocks with work in between) can be refused, but employers should discuss alternatives within 14 days of the request.
Pay and leave entitlement
Eligible parents can share up to 50 weeks of leave and up to 37 weeks of statutory pay, depending on how much maternity/adoption leave and pay has been used. ShPP is paid at £187.18 per week or 90% of average weekly earnings, whichever is lower, for the 2025/26 tax year.
SPL and ShPP must be taken within the first year after birth or adoption. Leave can be taken by both parents at the same time or separately, in blocks of at least one week.
Rights during shared parental leave
Employees remain entitled to all contractual terms and conditions except remuneration during SPL. Annual leave continues to accrue, and pension contributions are maintained for paid periods unless otherwise stated in the contract.
Each parent can work up to 20 Shared Parental Leave in Touch (SPLIT) days during SPL without ending their leave. These are in addition to any Keeping In Touch (KIT) days from maternity or adoption leave.
Employees are protected from unfair treatment or dismissal for taking or requesting SPL. Any detriment or dismissal related to SPL may amount to automatic unfair dismissal and/or discrimination under the Equality Act 2010.
Return to work and redundancy
Employees returning from up to 26 weeks of SPL (alone or combined with other family leave) have the right to return to the same job. If more than 26 weeks is taken, the right is to the same job or, if not reasonably practicable, a suitable alternative on no less favourable terms.
Employees on SPL who are made redundant must be offered any suitable alternative vacancy, with this protection lasting for 18 months from the child’s birth or placement if at least 6 continuous weeks of SPL are taken.
Record-keeping and compliance
Maintain records of all SPL and ShPP notices, evidence provided, payments made, and any reclaimed amounts for at least three years from the end of the relevant tax year. Ensure all communications and decisions are documented for compliance and audit purposes.
Ensure your SPL policy is up to date, clearly communicated, and applied consistently to avoid discrimination risks and support workforce planning.
Adoption rights and leave
Adoption leave and pay: statutory entitlement
Statutory Adoption Leave is available for up to 52 weeks, comprising 26 weeks of Ordinary Adoption Leave and 26 weeks of Additional Adoption Leave. This is a day-one right for employees adopting a child through an approved agency, including fostering for adoption and surrogacy arrangements. Statutory Adoption Pay is available for up to 39 weeks: the first 6 weeks at 90% of average weekly earnings, followed by 33 weeks at £187.18 or 90% of average weekly earnings (whichever is lower) for the 2025/26 tax year. Only one partner in a couple may take adoption leave and pay; the other may be eligible for paternity leave or shared parental leave. Adoption leave can start up to 14 days before the child’s placement (UK), on the child’s arrival in the UK (overseas), or the day of birth/the day after (surrogacy).
Adoption rights
Employees on adoption leave are entitled to all contractual terms and conditions except normal pay, including accruing annual leave, pension rights, and protection from unfair treatment or dismissal due to taking adoption leave. Employees who take statutory adoption leave are entitled to redundancy protection for up to 18 months from the date of placement, provided they have taken at least one week of adoption leave. Employees have the right to return to the same job if they take up to 26 weeks’ leave, or to a suitable alternative if more than 26 weeks’ leave is taken and the original job is not available.
Pre-adoption-leave interview guidance
A pre-adoption-leave interview should confirm eligibility, explain statutory rights and company policy, discuss the intended start date and duration of leave, and clarify pay arrangements. The interview should cover the process for providing notice and proof, arrangements for paid time off for adoption appointments (5 paid for the main adopter, 2 unpaid for the partner), and options for flexible working. It is best practice to discuss how the employee will keep in touch during leave, handover of work, and any anticipated contact preferences.
Adoption Keeping-in-Touch (KIT) days
Employees on adoption leave may work up to 10 KIT days without ending their leave or pay entitlement. KIT days are optional and must be agreed between employer and employee, including the type of work and pay for each day. Working more than 10 KIT days ends statutory adoption leave and pay. KIT days can be used for training, meetings, or to ease the transition back to work. Both parties should keep a record of KIT days taken.
Notice requirements for adoption leave and pay
Employees must notify their employer of their intention to take adoption leave within 7 days of being matched with a child (or as soon as reasonably practicable), specifying the expected placement date, intended leave start date, and duration. For Statutory Adoption Pay, at least 28 days’ notice is required before pay is to start. Proof of adoption (e.g. matching certificate, agency letter) is required for pay but not for leave unless requested. For overseas adoptions and surrogacy, additional notice and documentation requirements apply. Employers must confirm leave and pay arrangements in writing within 28 days and retain all records for 3 years for HMRC.
Handling early return from adoption leave
If an employee wishes to return to work before the end of their agreed adoption leave, they must give at least 8 weeks’ notice. Employers may agree to a shorter notice period, but are not obliged to do so. If less than 8 weeks’ notice is given and agreement is not reached, the employer can postpone the return until the full notice period has elapsed, provided this does not extend beyond the original end date of leave. Employers should confirm the revised return date in writing and update payroll and HR systems accordingly.
Handling a changed adoption leave start date
If the employee wishes to change the start date of their adoption leave, they must provide at least 28 days’ notice before the earlier of the original or new start date. If the date of placement changes, the employee should notify the employer within 28 days. Employers must confirm any revised leave dates in writing within 28 days. If the employee fails to give the required notice without reasonable excuse, the employer may delay the leave start date and must notify the employee in writing within 28 days of the request.
Flexibility and support for parents
Right to request flexible working for adopting parents
Adopting parents have the same statutory right as other employees to request flexible working from the first day of employment. This includes requests to change hours, times, or location of work, and applies regardless of length of service or reason for the request. The right extends to all employees, including those adopting through surrogacy or fostering for adoption schemes, provided they are legally classed as employees rather than workers or agency staff. The process is governed by the Employment Rights Act 1996 as amended, and the Flexible Working (Amendment) Regulations 2023, which removed the previous 26-week service requirement and allow up to two statutory requests in any 12-month period. Employers must not prioritise requests from parents over other employees but must consider each request on its merits and in line with business needs, ensuring no discrimination based on protected characteristics such as sex or adoption status occurs.
Agreeing to a flexible working request without holding a meeting
Employers are permitted to accept a flexible working request without holding a meeting if they are willing to grant the request in full as submitted. In such cases, there is no statutory obligation to consult or meet with the employee, though it is good practice to confirm the decision in writing, specify the agreed changes, and update the employment contract within 28 days of approval. This approach streamlines the process and supports prompt implementation, but documentation remains essential to ensure clarity and compliance.
Processing a flexible working request
Submission and initial steps
The employee must submit a written, dated request stating it is made under the statutory procedure, specifying the change sought, proposed start date, and whether previous requests have been made. The employer should acknowledge receipt and check eligibility, but cannot refuse to consider a request based on length of service or reason, including adoption.
Consultation and meetings
If the request cannot be agreed in full without discussion, the employer must consult with the employee before making a decision to refuse. This usually involves arranging a meeting to discuss the request, explore alternatives, and consider any potential impacts. While there is no statutory right for the employee to be accompanied, it is good practice to allow a companion (e.g. colleague or trade union representative) to attend. Meetings should be conducted in a confidential and supportive manner, and the employer should be open to compromise or modified arrangements if the original request cannot be accommodated.
Trial periods
Where there is uncertainty about the viability of the requested arrangement, a trial period may be agreed. This should be clearly documented as a temporary arrangement, with a fixed end date and criteria for review. Both parties should agree to extend the statutory two-month decision period if needed to accommodate the trial. At the end of the trial, the arrangement should be reviewed and a final decision made, reverting to the original terms if the trial is unsuccessful unless otherwise agreed.
Decision and documentation
The employer must notify the employee of the outcome in writing within two months of the request (unless an extension is agreed). If the request is accepted, the written confirmation should include details of the change, the effective date, and any review arrangements. The employment contract must be updated within 28 days to reflect permanent changes. If the request is refused, the employer must state one or more of the statutory business reasons (e.g. detrimental impact on quality, customer demand, costs) and provide a clear explanation of why these apply.
Appeals
While there is no statutory right to appeal, it is strongly recommended as part of a reasonable process. The appeal should be handled promptly, ideally by a different manager, and the employee should be allowed to submit further information or attend an appeal meeting with a companion if desired. The outcome of the appeal must be communicated in writing and within the overall two-month timeframe, unless an extension is agreed.
Record-keeping and legal compliance
All stages of the process, including requests, meetings, trial periods, decisions, and appeals, should be documented and retained for legal compliance and future reference. Employers must ensure that the process is free from discrimination and that decisions are based on correct facts and statutory grounds. Failure to follow the statutory procedure or to act reasonably may result in tribunal claims, with potential remedies including reconsideration of the request and compensation of up to eight weeks’ pay. Discrimination claims, particularly relating to sex or adoption status, may result in unlimited compensation.
Parental and dependent care leave
Time off for dependants
Employees have a statutory right to take a reasonable amount of unpaid time off to deal with emergencies involving dependants, including illness, injury, unexpected disruption of care, or death. There is no minimum service requirement for this right. The employee must inform the employer as soon as practicable of the reason for the absence and the likely duration. Employers are not obliged to pay for this leave unless their policy states otherwise. Detriment or dismissal for exercising this right is unlawful and may result in tribunal claims for unfair dismissal or discrimination under the Employment Rights Act 1996 and Equality Act 2010. Employers should keep clear records of requests and responses and treat each request on its own merits, ensuring a fair and supportive approach.
Time off for antenatal care
Pregnant employees are entitled to reasonable paid time off during working hours to attend antenatal appointments, including medical examinations and recommended classes. Employers may request evidence of appointments after the first one. Partners (including same-sex partners) and intended parents in surrogacy arrangements are entitled to unpaid time off for up to two antenatal appointments, with a maximum of six and a half hours per appointment, including travel. Employers should not unreasonably refuse time off and must avoid any detriment or discrimination for exercising this right. It is good practice to confirm arrangements in writing and to allow flexibility where possible.
Maternity leave due to an early birth
If an employee gives birth before their planned maternity leave start date, maternity leave and pay begin automatically on the day after the birth. The employee should notify the employer as soon as reasonably practicable of the date of birth. The employer must confirm the revised end date of maternity leave in writing. All contractual rights (except pay) continue during maternity leave, and the employee remains entitled to statutory maternity pay if eligibility criteria are met. Employers must not treat employees unfavourably due to early maternity leave and should provide support during this period. If the birth occurs before the 11th week before the expected week of childbirth, the same rules apply, and leave starts the day after childbirth.
Employee parental bereavement leave
Employees who suffer the loss of a child under 18 or a stillbirth after 24 weeks of pregnancy are entitled to two weeks’ parental bereavement leave, which can be taken as a single block or as two separate weeks within 56 weeks of the death. This right applies from day one of employment. Employees with at least 26 weeks’ service and sufficient earnings are entitled to statutory parental bereavement pay at the lower of £187.18 per week or 90% of average weekly earnings. Notice requirements differ depending on when the leave is taken: for leave within 56 days of the death, notice must be given before the first day of absence or as soon as reasonably practicable; for leave taken later, at least one week’s notice is required. Employers must not require evidence beyond the date of death and a declaration of eligibility. Detriment or dismissal for taking bereavement leave is unlawful.
