Maternity Leave
Maternity leave is time off work for pregnant employees before and after childbirth, with statutory protections and pay entitlements.
leave-types
Category
intermediate
Difficulty
7 min read
Read time
2025-01-15
Updated
Definition
Short definition
Maternity leave is time off work for pregnant employees before and after childbirth, with statutory protections and pay entitlements.
Detailed explanation
Maternity leave is a fundamental right for pregnant employees, allowing them time off work to give birth and care for their new baby. In the UK, eligible employees can take up to 52 weeks of maternity leave, regardless of length of service.
Maternity leave is divided into Ordinary Maternity Leave (first 26 weeks) and Additional Maternity Leave (remaining 26 weeks). During this time, most employment rights are protected, and employees may be entitled to Statutory Maternity Pay or Maternity Allowance.
Employers must ensure they follow correct procedures for maternity leave, including risk assessments for pregnant employees, maintaining contact during leave, and facilitating smooth return to work.
Practical guidance
How it works
Employees must notify employer of pregnancy by 15th week before due date. Maternity leave can start up to 11 weeks before due date. The employee remains employed throughout and accrues annual leave.
Best practices
Conduct risk assessment early in pregnancy
Agree on communication during leave
Use Keeping In Touch (KIT) days appropriately
Plan handover thoroughly
Prepare for return to work well in advance
Legal context
Legal basis
Employment Rights Act 1996, Maternity and Parental Leave Regulations 1999
Jurisdiction: UK
Key provisions
Up to 52 weeks maternity leave available
SMP paid for up to 39 weeks if eligible
First 6 weeks at 90% of average earnings
Remaining 33 weeks at £184.03 or 90% (whichever is lower)
Right to return to same or similar job
Official source
Frequently asked questions
How early can I start maternity leave?
You can start maternity leave any time from 11 weeks before your expected due date. If your baby is born early, your leave starts automatically from the day after the birth.
Do I have to take the full 52 weeks?
No, you can return to work earlier. However, you must take at least 2 weeks off after birth (4 weeks if you work in a factory). You need to give 8 weeks notice of your return date.
Related glossary terms
Paternity Leave
Paternity leave is time off work for fathers or partners following the birth or adoption of a child.
Shared Parental Leave
Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay between them in the first year after their child's birth or adoption.
Statutory Maternity Pay
Statutory Maternity Pay (SMP) is UK maternity pay for 39 weeks: 6 weeks at 90% of earnings then 33 weeks at £184.03/week or 90% (whichever is lower).