Employment Law

Maternity & Paternity Pay UK 2025 — What You're Entitled to and How to Claim

26 May 2025 ⏱ 12 min read 🇬🇧 England & Wales Last reviewed: May 2025

Having a baby is one of the most significant life events you will experience — and understanding your entitlements can make a substantial financial difference. The UK has a complex web of statutory maternity pay, paternity pay, shared parental leave, adoption leave, and employment protections that many workers are not fully aware of. This guide sets out everything you need to know, clearly and in one place.

Statutory Maternity Pay (SMP) — The Basics

Statutory Maternity Pay (SMP) is paid by your employer for up to 39 weeks if you meet the qualifying conditions. It is not the same as maternity leave — you can take up to 52 weeks of maternity leave, but SMP only covers the first 39 of those weeks.

Qualifying Conditions for SMP

To receive SMP you must:

Be an employee — not a worker or self-employed (different rules apply to those categories)
Have worked for your employer continuously for at least 26 weeks by the end of the 15th week before your expected week of childbirth (the "qualifying week")
Have average weekly earnings of at least the lower earnings limit (£123/week in 2025/26) in the eight weeks up to and including the qualifying week
Still be pregnant at the 11th week before your expected week of childbirth, or have given birth by then

How Much Is SMP?

Period	Rate (2025/26)
First 6 weeks	90% of your average weekly earnings (no cap)
Remaining 33 weeks	£187.18 per week or 90% of AWE — whichever is lower

SMP is paid by your employer in the same way as your normal wages — through payroll, subject to tax and National Insurance. Your employer can reclaim most of the SMP cost from HMRC. Enhanced maternity pay (above the statutory rate) may be offered by your employer — check your contract or staff handbook.

Calculate your exact SMP entitlement with our Maternity & Paternity Pay Calculator.

Maternity Allowance — For Those Who Don't Qualify for SMP

If you do not qualify for SMP — because you are self-employed, have recently changed jobs, or do not earn enough — you may be entitled to Maternity Allowance (MA) paid directly by DWP. You can claim MA if you have been employed or self-employed for at least 26 weeks in the 66 weeks before your baby is due.

MA is paid at £187.18 per week (or 90% of your average weekly earnings if lower) for up to 39 weeks. The lower earnings limit does not apply to MA in the same way — you can receive a reduced rate of £27/week if you do not meet the earnings threshold but have worked enough weeks. Claim MA using form MA1 from gov.uk.

Maternity Leave — Your Rights During and After

All pregnant employees are entitled to 52 weeks of maternity leave, regardless of length of service or hours worked. The 52 weeks is split into:

Ordinary Maternity Leave (OML) — the first 26 weeks
Additional Maternity Leave (AML) — the second 26 weeks

You must take at least two weeks off after giving birth (four weeks if you work in a factory). The earliest maternity leave can start is the 11th week before your expected week of childbirth. If your baby is born early, maternity leave starts the day after birth.

Keeping in Touch (KIT) Days

You can work up to 10 "Keeping in Touch" days during your maternity leave without losing your SMP or bringing your leave to an end. KIT days must be agreed with your employer — you cannot be required to work them. Payment for KIT days is agreed between you and your employer; SMP continues regardless.

Rights During Maternity Leave

During maternity leave your employment contract continues. You continue to accrue annual leave (including bank holidays), your pension contributions continue if you are in a scheme, and you remain entitled to any contractual benefits that do not involve pay — including private medical insurance, company car, and mobile phone. The right to return to the same job (or a suitable alternative for AML) is protected.

Ordinary Statutory Paternity Pay and Leave

The baby's father, the mother's partner (including same-sex partners), or the child's adopter can take statutory paternity leave of one or two consecutive weeks, provided they:

Are an employee with at least 26 weeks' continuous service by the 15th week before the expected week of birth
Have average weekly earnings at least equal to the lower earnings limit
Are the child's biological father or have legal parental responsibility, or are the mother's husband/partner

Statutory Paternity Pay (SPP) is paid at £187.18/week or 90% of average weekly earnings — whichever is lower. Paternity leave must be taken within 56 days of the birth (or placement for adoption). Paternity leave is a single block — it cannot be taken in individual days.

Coming change: The Employment Rights Bill will extend paternity leave rights so that fathers and partners can take their two weeks at any point in the first year, rather than within 56 days of birth. This change is expected to come into force in 2026.

Shared Parental Leave (SPL)

Shared Parental Leave allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of Statutory Shared Parental Pay (ShPP) between them after the birth or adoption of a child. The mother must end her maternity leave to "convert" the remaining leave into SPL.

How SPL Works

Each parent submits a notice to their respective employer setting out how they intend to take SPL. Leave can be taken in blocks — the minimum block is one week — and the same period can be taken simultaneously (both parents off at the same time) or consecutively. The total between both parents cannot exceed 50 weeks' leave and 37 weeks' pay.

ShPP is paid at the same rate as SMP/SPP — £187.18/week or 90% of AWE. An employer who pays enhanced maternity pay is not legally required to pay the same enhanced rate for SPL unless their contractual documentation says so — though some employers have enhanced both. Note that courts have found that paying enhanced maternity pay to mothers but not enhanced ShPP to fathers sharing leave can, in some circumstances, constitute indirect sex discrimination.

Eligibility for SPL

Both parents must individually meet eligibility tests. Each parent must have been continuously employed by their employer for at least 26 weeks by the 15th week before the expected week of birth, and must remain employed until the week before any SPL is taken. The other parent must have worked at least 26 weeks in the 66 weeks before the due date (the "employment and earnings test").

Use our Maternity & Paternity Pay Calculator to model your SPL and ShPP entitlement.

Parental Leave

In addition to maternity, paternity, and shared parental leave, all employees with at least one year's continuous service can take unpaid parental leave of up to 18 weeks per child (up to age 18), in blocks of at least one week, to care for a child. The maximum in any one year is four weeks per child. Parental leave is unpaid — it is time off, not paid leave — and must be agreed with your employer (who can postpone it by up to six months in some circumstances, but not refuse it indefinitely).

Protection from Discrimination and Unfair Treatment During Pregnancy

Pregnancy and maternity is a protected characteristic under the Equality Act 2010. This means it is unlawful to discriminate against you because of pregnancy, a pregnancy-related illness, or the fact that you have taken or are about to take maternity leave. Protection applies from the moment you become pregnant until the end of your maternity leave — with no qualifying service period required.

What Counts as Discrimination?

Being dismissed or selected for redundancy because of your pregnancy or maternity leave
Being passed over for promotion because you are pregnant or likely to become pregnant
Being treated differently in terms of pay, appraisals, or working conditions
Being harassed about your pregnancy or baby
Being forced to take maternity leave earlier than you choose (except for health and safety reasons)

Pregnancy and maternity discrimination claims have no qualifying period and, unlike ordinary unfair dismissal, compensation is uncapped. Claims must be brought within three months of the discriminatory act.

Redundancy During Maternity Leave

If your role becomes redundant while you are on maternity leave, you have a special priority right to be offered any suitable alternative vacancy that exists before being made redundant. This right applies even if the vacancy is with an associated employer. Failure to offer a suitable alternative when one exists renders the dismissal unfair and potentially discriminatory.

This priority right has been extended by the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024. It now applies from the moment you notify your employer of your pregnancy and continues for six months after you return from maternity leave — not just during the leave period itself.

What to Do If Your Rights Are Breached

Document everything — keep records of all conversations, emails, and decisions that appear connected to your pregnancy or maternity leave. Note dates, who was present, and exactly what was said.
Raise a grievance promptly — internal grievances create a paper trail and demonstrate you tried to resolve the matter. Failure to raise a grievance can reduce compensation.
Contact ACAS — for free advice and early conciliation before any tribunal claim. Call 0300 123 1100.
Consider an Employment Tribunal claim — the time limit is three months minus one day from the act complained of. For discrimination, the last act in an ongoing course of conduct is usually the trigger date.
Seek legal advice — pregnancy and maternity discrimination cases are fact-sensitive. Many employment solicitors offer a free initial consultation.

Frequently Asked Questions

What if I am made redundant while pregnant?+

Redundancy during pregnancy is lawful only if the redundancy is genuine and your pregnancy played no part in the selection. You have the same redundancy rights as anyone else — including redundancy pay and a fair process. If you suspect your pregnancy influenced the decision, you have a potential unfair dismissal AND pregnancy discrimination claim, both of which have no service requirement and uncapped compensation.

Am I entitled to paid time off for antenatal appointments?+

Yes. Pregnant employees are entitled to take paid time off for antenatal appointments on the advice of a doctor, midwife, or health visitor — including relaxation and parent craft classes if recommended by a health professional. There is no qualifying service period. The baby's father or the mother's partner is also entitled to take unpaid time off to attend up to two antenatal appointments.

Does my employer have to pay me enhanced maternity pay?+

Only if your contract or the staff handbook says so. Statutory Maternity Pay is the minimum legal requirement. Many employers — particularly in the public sector, financial services, and larger organisations — offer enhanced pay (for example, 12 or 16 weeks at full pay). Check your contract and any policy documents. If an enhanced rate is promised but not paid, you can pursue it as a breach of contract claim.

Can I take maternity leave and then immediately resign?+

Yes, subject to giving proper notice. However, if your employer has paid enhanced maternity pay and your contract contains a "contractual clawback" clause requiring you to repay the enhancement if you do not return for a minimum period, that repayment obligation may be enforceable. Always check your contract before resigning during or immediately after maternity leave.