nuhahyearlyLaunch pricing - Get £50 off!nuhahyearlyIn the UK, you are entitled to up to 52 weeks of maternity leave regardless of how long you have worked for your employer. Statutory Maternity Pay (SMP) is 90% of your salary for 6 weeks, then £184.03 per week for 33 weeks. You must tell your employer by week 25 of pregnancy. Your job is protected by law.
In the UK, all employed pregnant people are entitled to up to 52 weeks of maternity leave, regardless of how long they have worked for their employer or how many hours they work. This is split into Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the second 26 weeks).
You do not have to take all 52 weeks. The only compulsory period is 2 weeks immediately after birth (4 weeks if you work in a factory). After that, you can return to work whenever you choose.
The earliest you can start maternity leave is 11 weeks before your due date (around week 29). Many people start their leave between 2 and 4 weeks before their due date, though this is entirely your choice. If your baby arrives early, your maternity leave starts automatically from the day after the birth.
If you have been employed by the same employer for at least 26 weeks by the 15th week before your due date, and you earn at least £123 per week (before tax), you qualify for Statutory Maternity Pay. SMP is paid for 39 weeks:
First 6 weeks: 90% of your average weekly earnings (before tax). There is no cap on this amount.
Next 33 weeks: £184.03 per week or 90% of your average weekly earnings, whichever is lower.
Some employers offer enhanced maternity pay above the statutory minimum. Check your employment contract or staff handbook, or ask your HR department.
SMP is paid in the same way as your salary (through payroll, with tax and National Insurance deducted). It starts when your maternity leave begins.
If you do not qualify for SMP (for example, if you are self-employed, have recently changed jobs, or do not earn enough), you may be eligible for Maternity Allowance instead. This is a government benefit paid by Jobcentre Plus.
To qualify, you must have been employed or self-employed for at least 26 weeks in the 66 weeks before your due date and have earned at least £30 per week in at least 13 of those weeks. Maternity Allowance is paid at £184.03 per week (or 90% of your average earnings if less) for up to 39 weeks.
You can apply from week 26 of pregnancy using form MA1, available from your Jobcentre or at gov.uk.
By law, you must tell your employer about your pregnancy by the 15th week before your due date (roughly week 25 of pregnancy). You need to confirm: that you are pregnant, your due date (backed by your MATB1 certificate from your midwife, usually issued around week 20), and when you want your maternity leave to start.
Your employer must respond within 28 days, confirming your expected return date.
Many people tell their employer after the 12-week dating scan, which gives you plenty of time before the legal deadline. There is no legal requirement to tell them before week 25, but doing so earlier allows your employer to carry out a workplace risk assessment.
From the moment your employer knows you are pregnant, you have specific legal protections:
Time off for antenatal appointments. You have the right to paid time off for all antenatal appointments, including midwife visits, scans, and antenatal classes recommended by your midwife. Your employer cannot ask you to make up the time or take it as annual leave.
Risk assessment. Your employer must carry out a workplace risk assessment to identify and remove any risks to you or your baby. This might include adjusting your duties, providing additional breaks, or changing your working hours.
Protection from unfair treatment. It is illegal to dismiss you, make you redundant, or treat you unfairly because of your pregnancy. This protection applies from the start of pregnancy through to the end of your maternity leave.
Pregnancy-related sick leave. If you are off sick with a pregnancy-related condition, this cannot be counted against you in any attendance or disciplinary process.
Partners are entitled to 1 or 2 weeks of Statutory Paternity Leave if they have been employed for at least 26 weeks by the 15th week before the due date. Statutory Paternity Pay is £184.03 per week (or 90% of average earnings if lower).
Paternity leave must be taken within 56 days of the birth. It can be taken as 1 week, 2 consecutive weeks, or (from April 2024) as 2 separate weeks.
Some employers offer enhanced paternity pay and additional leave. Check your partner's employment contract.
Shared Parental Leave (SPL) allows you to share up to 50 weeks of leave and 37 weeks of pay between both parents. If the birth parent ends their maternity leave early, the remaining weeks can be transferred to the other parent, or both parents can take leave at the same time.
SPL offers much more flexibility than traditional maternity and paternity leave. For example, one parent could take the first 6 months, then the other could take the next 6 months. Or both could take 3 months off together. The arrangements are up to you.
Eligibility requires that both parents meet minimum employment and earnings thresholds. Details and a planning tool are available at gov.uk/shared-parental-leave-and-pay.
If you return within your first 26 weeks (Ordinary Maternity Leave), you have the right to return to exactly the same job on the same terms and conditions. If you return after the full 52 weeks, you have the right to return to the same job, or if that is not reasonably practicable, to a suitable alternative role on no less favourable terms.
You do not need to give notice to return on your expected date. If you want to return earlier or later, you need to give your employer at least 8 weeks' notice.
You can also request flexible working arrangements on your return. All employees have the legal right to request flexible working from day one of employment, and your employer must consider your request seriously.
If you have concerns about your rights or your employer's behaviour, free advice is available from ACAS (0300 123 1100 or acas.org.uk), Citizens Advice (citizensadvice.org.uk), and Maternity Action (maternityaction.org.uk), which specialises in maternity employment rights. Your union, if you belong to one, can also provide support.
You are entitled to up to 52 weeks of maternity leave, split into 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. The compulsory minimum is 2 weeks after birth (4 weeks for factory workers).
SMP is paid for 39 weeks: 90% of your average weekly earnings for the first 6 weeks, then £184.03 per week (or 90% of earnings if lower) for the next 33 weeks. Some employers offer enhanced packages above the statutory minimum.
By law, you must inform your employer by the 15th week before your due date (around week 25 of pregnancy). Many people tell their employer after the 12-week scan. You will need to provide a MATB1 certificate from your midwife.
It is illegal to dismiss or make someone redundant because of pregnancy. You are protected from the start of pregnancy through to the end of maternity leave. If you believe you have been treated unfairly, contact ACAS or Maternity Action for advice.
Shared Parental Leave allows parents to share up to 50 weeks of leave and 37 weeks of pay. Both parents can take leave at the same time or take turns. It offers more flexibility than traditional maternity and paternity leave.
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