UK Employment Law Guide

Maternity and Paternity Pay Explained: A UK Guide

From Statutory Maternity Pay and 52 weeks of maternity leave to paternity pay, shared parental leave and bereavement entitlements — this guide explains the main statutory rights for new and expectant parents in the UK.

Last updated: July 2026. This guide provides general information, not legal advice.

Maternity and paternity pay explained

If you are having a baby — or your partner is — you may be entitled to statutory leave and pay. This guide explains the main entitlements: Statutory Maternity Pay and leave, Statutory Paternity Pay, Shared Parental Leave, and parental bereavement leave.

The statutory flat rates change each April. This guide explains the structure; always check GOV.UK for the current rates and qualifying thresholds.

Statutory Maternity Pay (SMP)

Up to 39 weeks of pay

  • First 6 weeks: 90% of your average weekly earnings (before tax).
  • Remaining 33 weeks: the statutory flat rate, or 90% of your average earnings if lower.

Qualifying conditions:

  • Continuous employment for at least 26 weeks into the 15th week before the expected week of childbirth
  • Earnings at least at the lower earnings limit for National Insurance
  • Still employed at the start of the 11th week before the expected week of childbirth

Maternity leave

52 weeks total

Up to 26 weeks Ordinary Maternity Leave + up to 26 weeks Additional Maternity Leave. You can take up to a year in total.

Compulsory maternity leave

You must take at least 2 weeks after the birth (4 weeks for factory workers) for health and safety reasons.

Statutory Paternity Pay and leave

Eligible partners can take one or two weeks of paternity leave, paid at the statutory flat rate or 90% of average earnings if lower.

Qualifying conditions

  • 26 weeks' continuous employment into the 15th week before the expected week of childbirth
  • Earnings at least at the lower earnings limit for National Insurance
  • The leave must be taken within 56 days of the birth

Shared Parental Leave and Pay

Shared Parental Leave (SPL) lets eligible parents share up to 50 weeks of leave and up to 37 weeks of statutory shared parental pay between them, after the mother ends or curtails her maternity leave.

Eligibility depends on the mother and her partner both meeting continuity of service and earning thresholds. SPL gives families flexibility to split time at home with their child. Check current GOV.UK guidance, as the SPL scheme is under review for reform.

Parental bereavement leave and pay

Two weeks of leave

Statutory Parental Bereavement Leave gives eligible parents the right to two weeks of leave following the death of a child under 18, or a stillbirth after 24 weeks of pregnancy.

Statutory Parental Bereavement Pay is available for up to two weeks at the statutory rate or 90% of earnings if lower. Leave is a day-one right; pay requires at least 26 weeks\' service.

Your protection during maternity leave

You are protected during pregnancy and maternity leave:

  • It is automatically unfair to dismiss you for a reason connected with pregnancy, maternity leave or childbirth (no qualifying period)
  • You have the right to return to your job after maternity leave (or a suitable alternative in redundancy)
  • You are protected from being selected for redundancy solely because of maternity reasons
  • Redundancy protection during pregnancy and family leave has been extended
  • Discrimination on the basis of pregnancy or maternity is unlawful under the Equality Act 2010

Tip: EmploymentCase can help you log any issue affecting your maternity or paternity rights and keep your evidence and deadlines organised.

Frequently Asked Questions

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