Maternity and paternity leave, pay, rights and time off work

Pregnant employees have rights to (Gov.uk, no date a):

Time off for antenatal care (appointments and classes)
Maternity leave
Maternity pay or maternity allowance
Protection against unfair treatment, discrimination or dismissal

These rights start immediately after the employer is told about the pregnancy and last until 18 months after the baby is born (Gov.uk, no date a).

What is maternity leave and pay?

Statutory Maternity Leave (SML) applies when a person is pregnant and employed. It does not apply if the pregnant woman or person is a ‘worker’ on a contract, is self-employed or unemployed (Gov.uk, no date c).

SML does not apply in cases of surrogacy or adoption.

Maternity leave is made up of (Gov.uk, no date c; Gov.uk, no date a):

2 weeks of compulsory leave after the birth (4 if working in a factory)
A further 24 weeks (totalling 26 weeks of ordinary maternity leave) which may start up to 11 weeks before the baby is born
Up to an additional 26 weeks of maternity leave
Some of this may be taken as Shared Parental Leave

While the mother or birthing person is on Statutory Maternity Leave, they are entitled to Statutory Maternity Pay (SMP) (Gov.uk, no date c).

You don’t need to provide proof of pregnancy to get SML, but you do need proof to get SMP. Your employer must confirm your pay or explain why they believe you are not eligible (Gov.uk, no date c).

Some employers offer additional leave and pay on top of your statutory rights. Ask your personnel department if that applies for you (Gov.uk, no date c).

See the government website for more detail. There is also a planner to work out if you are entitled to leave and pay.

What are Keeping in Touch days?

‘Keeping in Touch’ or KIT days are when an employee on maternity leave works for the day to stay connected to work and colleagues. Up to 10 KIT days can be arranged (Gov.uk, no date f).

Parents who are sharing parental leave can get an additional 20 ‘Shared Parental Leave in touch’ (SPLIT) days (Gov.uk, no date e).

All ‘in touch’ days are optional and only happen when agreed by the employer and employee (Gov.uk, no date f; Gov.uk, no date e).

What is Maternity Allowance?

If the mother or birthing person doesn’t qualify for maternity pay (for example if they haven’t been working for their employer for 26 weeks or are self-employed), then they may be able to get Maternity Allowance instead. Applications for Maternity Allowance can be made after 26 weeks of pregnancy (Gov.uk, no date d).

Taking leave for antenatal care

The mother or birthing person is entitled to paid time off work to attend antenatal appointments and antenatal classes (Gov.uk, no date a).

The father, co-parent or intended parent (if the baby is being born by surrogate) is entitled to unpaid leave to accompany the mother or birthing person to two antenatal appointments (Gov.uk, no date b).

After being matched with a child, adoptive parents can take unpaid leave to attend up to two adoption appointments (Gov.uk, no date b).

Permanent employees can apply for leave to accompany a pregnant woman or birthing person immediately. Agency workers must have been working for 12 weeks to qualify (Gov.uk, no date b).

Health and safety in pregnancy

When an employee tells the employer they are pregnant the employer must assess any risks to the employee or their baby in doing the job. If any risks cannot be removed, the pregnant woman or person should be offered suitable alternative work or suspended on full pay (Gov.uk, no date a).

Am I entitled to maternity care if I am a migrant?

Maternity care should always be provided and should not be delayed, regardless of immigration status or whether the parent is able to pay. This includes care in pregnancy, labour, and after the birth (Gov.uk, 2021).

Charges for maternity care may apply for some migrants. If unable to pay, repayment plans can be discussed with the NHS Trust (Gov.uk, 2021). Maternity Action has information and support when charges apply for maternity care.

What is paternity leave and pay?

Employed fathers and co-parents can take 2 weeks of paternity leave after the birth of the baby. This includes partners in a same-sex relationship and intended parents where the baby is being born by surrogate or adopted (Gov.uk, no date b).

Paternity leave may be taken in one block or as separate whole weeks (Gov.uk, no date b).

The father or co-parent must tell the employer when they plan to take any leave. They must also provide the baby’s expected due date to claim Statutory Paternity Pay (Gov.uk, no date b).

See the Government website for more detail. And use the planner to work out entitled pay.

Shared Parental Leave and Pay

Shared Parental Leave (SPL) is when parents split time off work to look after the baby, and Statutory Shared Parental Pay (ShPP) is the pay they receive when taking this leave. It applies to anyone having a baby, and to surrogacy and adoption (Gov.uk, no date e).

Up to 50 weeks of leave and 37 weeks of pay can be shared. Leave must be shared within a year of the baby being born or placed within the family (Gov.uk, no date e).

Parents can take leave at the same time as each other, or separately, and use in blocks or all at once (Gov.uk, no date e).

Find out more about Shared Parental Leave and Pay.

Surrogacy and adoption

If a baby is born via surrogate, the intended parent or parents will not get Statutory Maternity Leave and Pay but may get Statutory Adoption Leave and Pay (Gov.uk, no date c).

They may also be entitled to Shared Parental Leave and Pay (Gov.uk, no date e).

If a baby is born early or sick

Statutory Maternity Leave and any Statutory Maternity Pay starts as soon as the baby is born, even if this is earlier than expected (Gov.uk, no date g).

Parents are entitled to one additional week of leave for every 7 continuous days the baby is in neonatal care in hospital or at home. This is called Neonatal Care Leave (Gov.uk, no date g).

Neonatal Care Leave and Statutory Neonatal Care Pay is on top of any other parental pay and leave entitlements (Gov.uk, no date g).

Find out more on the government page on neonatal care pay and leave.

What happens if a baby dies?

SML and SMP are given if the baby dies after 24 weeks of pregnancy or after being born (Gov.uk, no date c).

Parents may also be entitled to Statutory Parental Bereavement Pay and Leave in addition (Gov.uk, no date b).

Your rights when returning to work

Employees have a right to return to their job if they take 26 weeks or less of parental leave, Parental Bereavement Leave, Neonatal Care Leave, or less than 4 weeks of unpaid leave (Gov.uk, no date f).

If they take more than 26 weeks of leave or more than 4 weeks of unpaid leave, they have the right to return to their job or a similar one if their previous job is no longer available (Gov.uk, no date f).

If their job is made redundant when on parental leave, employees have the right to be offered a suitable alternative job where possible (Gov.uk, no date f).

Time off for holidays

Holiday entitlement continues to be built up while on Statutory Maternity, Paternity, or Adoption Leave (Gov.uk, no date h).

Time off work in emergencies

If a partner goes into labour unexpectedly then time off is allowed to support them (Gov.uk, no date i).

After returning to work, a parent is entitled to time off work in the case of an emergency or accident involving their child. This also applies if childcare arrangements are unexpectedly disrupted. It does not apply to normal infant sickness (Gov.uk, no date i).

Employees may also be able to take unpaid parental leave from work to settle their child into new childcare arrangements or spend more time with them. This needs to be discussed with the employer (Gov.uk, no date j).