What is parental leave?

Paternal leave is an umbrella term that captures Maternity, Paternity and Adoption leave.

Maternity leave generally refers to the person who is pregnant and gives birth, paternity leave generally refers to the pregnant person’s partner and adoption leave generally refers to people who have adopted a baby or used a surrogate.

How does maternity leave work?

People who are pregnant and employed are entitled to 52 weeks (1 year) of maternity leave. This applies no matter how long they’ve worked at a business. This time period is made up of 26 weeks ‘ordinary maternity leave’ and 26 weeks of ‘additional maternity leave’.

To be eligible for maternity leave, the employee must have an employment contract, they must also give notice; at least 15 weeks before the baby is due, they must tell you when the baby is due and when they would like to start their maternity leave.

You must then confirm their leave start and end dates within 28 days. Pregnant employees must take at least two weeks off after giving birth or four weeks if they work in a factory. The earliest that leave can be taken is 11 weeks, unless the baby is born early, in which case the leave starts the day after the baby is born.

In the sad event of a stillbirth or infant death, the employee may still be eligible for maternity leave. This is the case if the baby is stillborn after the 24th week of pregnancy or if the baby dies after being born.

During maternity leave, employees’ maintain the right to pay, holidays, and the right to return to a job.

What is Statutory Maternity Pay (SMP)?

For a period of maternity leave, the person will be paid Statutory Maternity Pay (SMP). It is generally paid for 39 weeks of maternity leave. The first 6 weeks are paid at 90% of their average weekly earnings (AWE) before tax.

For the remaining 33 weeks, they will be paid £151.97 or 90% of their AWE (whichever is lower). Tax and national insurance will need to be deducted as usual. The government provides an SMP Calculator to help you identify the correct pay rate.

SMP must also be paid in the event that a business stops trading.

Who is eligible for Statutory Maternity Pay?

To be eligible for SMP, your employee must meet the following criteria:

• They must be on your payroll in the ‘qualifying week’ – which is the 15th week before the expected week of childbirth
• They must give you the correct notice (28 days before they would like to start their SMP)
• They must give you proof they’re pregnant – usually a doctor’s letter or maternity certificate (known as an MATB1 certificate)
• They must have been continuously employed by you for at least 26 weeks up to any day in the ‘qualifying week’ (this criteria is different from that of Maternity Leave, for which there is no minimum employment period)
• They must earn at least £120 a week (gross) in an 8 week ‘relevant period’, with some allowances for employees who earned less in some weeks due to being on furlough

If your employee is not eligible for SMP, point them in the direction of the government’s Maternity Allowance. Agency workers, directors and educational staff may have different entitlements.

Learn more about the UK parental leave system

Download our UK parental leave factsheet now.