Maternity leave: An employer’s guide to rights, pay and policy

Welcoming a new baby is one of life’s biggest milestones, and for employers, it’s a chance to make a real difference. Maternity leave isn’t just a legal requirement or a box to tick. It’s an opportunity to show employees that their workplace values them beyond their day-to-day output.

Providing clear guidance, practical support and reassurance during this time gives employees the space to focus on their family without worrying about their career. It also sends a message that your organisation is a place where people can thrive both personally and professionally. Beyond the immediate benefits, a thoughtful maternity leave policy can improve retention, boost engagement and help attract talent who know they will be supported during life’s big moments.

Understanding maternity leave is essential for every employer in the UK. Beyond compliance, it’s a chance to demonstrate care, foster loyalty and create an inclusive culture. With clear policies, businesses can manage expectations, protect employee rights and maintain smooth operations during periods of absence.

This guide will cover everything you need to know about maternity leave, from eligibility and entitlements to handling disputes and building a strong workplace policy.

How long is maternity leave in the UK?

In the UK, employees are entitled to take up to 52 weeks of maternity leave. This is divided into two stages:

• Ordinary Maternity Leave (OML) making up the first 26 weeks.
• Additional Maternity Leave (AML) making up the following 26 weeks.

This entitlement applies to all employees regardless of how long they have worked for your business or how many hours they work.

Although employees can choose not to take the full 52 weeks, they must take a minimum of two weeks after childbirth. For employees who work in a factory, for example, the compulsory period is extended to four weeks. As an employer, you should ensure that your policies and payroll systems account for both statutory and contractual entitlements.

When can maternity leave start?

Maternity leave can begin anytime from 11 weeks before the expected week of childbirth. Many employees choose to work later into their pregnancy so they have more time off with their child afterwards, but others may prefer to start their leave earlier. As an employer, you should be flexible and supportive of your employees’ decisions regarding their maternity leave.

If the baby is born before the expected due date, maternity leave starts automatically the day after the birth. It also starts automatically if the employee is absent from work due to a pregnancy-related illness in the four weeks leading up to the due date.

As an employer, you should confirm your employees intended leave dates in writing and update payroll systems accordingly. Having accurate records helps to avoid disputes and ensures statutory maternity pay is managed correctly.

Notice periods and employee communication

Employees must provide at least 15 weeks’ notice before the baby’s due date if they intend to take maternity leave. They also need to inform you of the expected week of childbirth and the date they wish their leave to begin.

As an employer, you should acknowledge this in writing within 28 days, confirming the start and end dates of the leave. This written confirmation is vital because it provides clarity for payroll, scheduling and workforce planning.

Good practice goes beyond meeting the minimum requirements. Consider arranging a meeting once notice is given to discuss expectations, handover of work, and how the business will stay in touch during the leave. A proactive approach helps employees feel supported and reduces the likelihood of miscommunication.

Employee rights during maternity leave

While on maternity leave, employees are entitled to a range of legal protections:

• Job protection: Employees remain under contract during maternity leave and cannot be dismissed or treated unfairly because of their absence.
• Annual leave accrual: Statutory holiday continues to build during maternity leave. Employers must allow employees to take this leave either before or after their maternity period.
• Benefits continuation: Any contractual benefits such as private healthcare, company car or pension contributions must remain in place.

These protections apply throughout both OML and AML. As an employer, you should also note that maternity leave doesn’t affect an employee’s length of service, meaning continuous employment is preserved. 

For a wider view of how different types of leave interact, see our parental leave guide.

Statutory Maternity Pay (SMP) explained

Alongside leave entitlements, maternity pay is often the biggest concern for employees. Here’s a breakdown of how SMP works:

• Eligibility: To qualify, an employee must have worked continuously for you for at least 26 weeks by the end of the 15th week before the due date, and must earn at least £125 per week (before tax).
• Payment structure:
  • First 6 weeks: 90% of average weekly earnings (before tax).
  • Next 33 weeks: Either £187.18 per week (current rate) or 90% of average weekly earnings if lower.
  • Final 13 weeks: Unpaid.

Employers can usually reclaim most, if not all, of SMP from HMRC, with small employers able to reclaim an additional percentage. Payroll software can help calculate SMP automatically and submit claims efficiently.

Businesses should also communicate clearly how contractual maternity pay interacts with SMP. Some organisations offer enhanced maternity packages, paying a higher percentage for longer. If you do, ensure your policy explains eligibility, repayment clauses (if applicable), and whether it applies to all staff levels.

Holidays and maternity leave

When it comes to holiday entitlement overlapping with maternity leave, there is often confusion on how this should be handled. As stated earlier, an employee’s holiday entitlement accrues during their time on maternity leave and cannot be reduced.

For example, if an employee takes their full entitlement for 52 weeks and is also entitled to 28 days annual leave, they return with the right to take those 28 days in addition to their maternity leave. This entitlement applies regardless of the company’s holiday year.

For instance, if your business operates a January-to-December holiday year but the employee returns in February, they still have the right to take the full 28 days accrued before and during maternity leave.

It’s vital to plan ahead of time where possible so take time to discuss with your employee beforehand to get a rough idea of what they’re planning when it comes to their leave entitlements. This also doesn’t have to be discussed straight away, and could be addressed nearer to their return.

Keeping in touch (KIT) days

Employees on maternity leave can work up to 10 days without ending their leave or losing pay entitlement. These are known as Keeping in Touch (KIT) days.

KIT days can be used for training, attending key meetings, or simply staying updated with workplace changes. They are optional for both parties, but when managed well, they help employees feel included and ease the transition back to work.

Employers should agree in advance:

• How KIT days will be paid.
• What type of work will be done.
• Whether the employee will be expected to attend, or if it’s entirely voluntary.

Some businesses also offer “return to work” days towards the end of maternity leave, giving employees a chance to phase back into their role gradually. This can improve confidence and reduce stress at a pivotal time.

Rights on return to work

Employees on maternity leave have certain rights and this also includes the right to return to the same job on the same terms and conditions as before if they’ve taken less than 26 weeks. Those who have taken more than 26 weeks are still entitled to return to their job if it’s still available. If their original role no longer exists, you as an employer must offer a suitable alternative role that should be on similar terms and conditions and be appropriate in terms of status, pay and location.

Note that a role is only considered ‘unavailable’ if there is a genuine business reason and not because the employee was on maternity leave. Treating maternity leave as a reason for denying the original job could result in claims of unfair dismissal or maternity discrimination.

Additionally, employees returning from maternity leave have the right to request flexible working to help balance childcare responsibilities. While this is subject to business needs, employers should consider requests seriously and respond in line with statutory procedures.

Shared Parental Leave (SPL) and maternity leave

Maternity leave doesn’t exist in isolation. Employees may choose to share leave with their partner through Shared Parental Leave (SPL). After the first two weeks of compulsory maternity leave, up to 50 weeks can be shared.

Employers should be ready to handle requests for SPL alongside maternity leave. Having clear policies and trained managers ensures consistency and avoids the risk of errors. Supporting SPL not only demonstrates fairness but also promotes gender equality by enabling both parents to take an active role in early childcare.

Redundancy during or after maternity leave

Employees on maternity leave are given priority protection during redundancy processes. They must be offered any suitable alternative vacancies before other employees. This means employers need to consider staff on maternity leave carefully during restructuring.

Importantly, it is unlawful to select someone for redundancy because of pregnancy or maternity leave. Any decision that appears linked to their absence can result in a successful claim of discrimination or unfair dismissal.

Employers should keep detailed records of redundancy selection processes to demonstrate fairness and compliance.

Supporting employees before, during and after leave

Legal compliance is the baseline. To create a truly supportive environment, employers should consider the wider employee experience:

• Before maternity leave
  • Offer risk assessments to ensure safe working conditions during pregnancy.
  • Provide flexible working adjustments where necessary.
  • Create a clear handover plan to minimise disruption.
• During maternity leave
  • Stay connected in a respectful way, such as sharing company updates or social invitations without pressure.
  • Ensure employees continue to receive performance review feedback, bonus updates and other workplace information.
• After maternity leave
  • Provide a structured return-to-work programme.
  • Offer coaching or mentoring to rebuild confidence.
  • Consider phased hours or hybrid working to ease transition.

What counts as discrimination during maternity leave?

Discrimination can occur in both direct and indirect ways. Direct discrimination might involve refusing to promote someone because they are pregnant or on maternity leave. Indirect discrimination could arise from policies that disadvantage those on leave, such as excluding them from pay reviews or failing to inform them of opportunities.

Examples include:

• Excluding an employee from training or development programmes running during their absence.
• Denying access to bonus schemes or commission payments that they would have received had they been at work.
• Pressuring an employee to return to work earlier than planned.

Employers should ensure that maternity rights are treated consistently with other types of family leave, such as adoption leave, paternity leave, and parental bereavement leave.

How to resolve maternity discrimination disputes

If an employee feels they have been discriminated against, they may raise a formal grievance with their employer. Employers should respond promptly and fairly, following the company’s grievance procedure.

If the matter cannot be resolved internally, the next step is usually ACAS early conciliation. This process aims to settle disputes without going to tribunal. If conciliation is unsuccessful, the employee may proceed to an employment tribunal, which can award compensation or order reinstatement.

Employers who are transparent, supportive and compliant from the outset reduce the likelihood of disputes reaching this stage. Regular training for managers is a good investment to avoid missteps.

Advantages of a strong maternity leave policy

A robust maternity leave policy brings benefits for both employer and employee. From the employee’s perspective, it provides clarity, reassurance and security. From the employer’s perspective, it improves retention, reduces the risk of claims and enhances the organisation’s reputation as a family-friendly workplace.

Businesses that go beyond minimum legal standards often see the greatest rewards. Enhanced maternity pay, flexible working arrangements and supportive return-to-work programmes all contribute to higher engagement and stronger employer branding.

Technology also plays a role. Tools like payroll software and automated payroll solutions make it easier to manage maternity pay, track entitlements and stay compliant. By reducing administrative pressure, employers can focus more on supporting their people.

The business case for strong maternity support

Investing in maternity support isn’t only about employee wellbeing—it makes commercial sense. Studies consistently show that organisations with family-friendly policies experience:

• Higher retention rates: Reducing turnover saves recruitment costs and protects institutional knowledge.
• Stronger employer brand: Candidates increasingly look for workplaces that support life outside work.
• Greater engagement: Employees who feel supported are more motivated, loyal and productive in the long term.
• Better diversity outcomes: Supporting women during and after maternity leave helps close gender gaps in pay and leadership representation.

Download the full guide

Maternity leave can feel like a complex subject, but with the right systems and a strong policy it becomes an opportunity to build trust and loyalty. By protecting employee rights and providing clear guidance, employers can create a workplace where people feel valued throughout every stage of their career.

For more practical advice, templates and resources, download our complete maternity leave guide today.