generalmaternity

Maternity rights and pay — the headline numbers

Up to 52 weeks of leave; 39 weeks of SMP (90% of pay for 6 weeks, then £187.18/week). Time off for antenatal appointments is paid.

Last reviewed: 27 May 2026 by panel solicitor2 min read

The short answer

You get up to 52 weeks of statutory maternity leave (no qualifying period for leave). SMP runs 39 weeks: weeks 1-6 at 90% of pay, weeks 7-39 at the lower of 90% or £187.18 (April 2025). Dismissal because of pregnancy/maternity is automatically unfair. Legal basis: Employment Rights Act 1996 ss.71-85 (statutory maternity leave) + Equality Act 2010 s.18 (pregnancy and maternity discrimination).

Maternity leave

Every pregnant employee gets up to 52 weeks of statutory maternity leave (26 weeks ordinary + 26 weeks additional). There is no qualifying period for leave. You take it as long as you have given the right notice (usually by the 15th week before the expected week of childbirth).

Leave must start no earlier than 11 weeks before the expected week of childbirth, and the first 2 weeks after birth (4 in a factory) are compulsory.

Statutory Maternity Pay (SMP)

SMP is paid for up to 39 weeks if you have been continuously employed for at least 26 weeks by the 15th week before the expected week of childbirth, and earn at least the Lower Earnings Limit (£125/week, 2025/26).

Weeks 1-6: 90% of average weekly earnings (no upper limit).
Weeks 7-39: the lower of 90% of average weekly earnings or £187.18/week (from 6 April 2025).

Time off for antenatal appointments

Paid time off for antenatal care — no qualifying period. Partners get unpaid time off to attend 2 appointments.

Protection from dismissal + redundancy priority

Dismissal because of pregnancy or maternity leave is automatically unfair. During maternity leave, if a redundancy situation arises, you have the right to be offered any suitable alternative vacancy ahead of other candidates (the "Mama Maria" right; extended to 18 months after return from October 2024).

Keeping in Touch days

You can work up to 10 Keeping in Touch (KIT) days during maternity leave without losing SMP. Anything beyond means you lose SMP for that week.

What to do this week

Tell HR by the 15th week before your due date and ask for written confirmation of your maternity-leave dates and pay.

Sources

Employment Rights Act 1996 Read on legislation.gov.uk
Equality Act 2010 — sections 18, 4 Read on legislation.gov.uk

Last reviewed 27 May 2026 by an SRA-authorised solicitor on our panel.

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