When a baby arrives, the last thing many parents want to worry about is workplace policies. Fortunately, the UK has maternity and parental leave regulations to support new parents. However, these rules depend on your employment status. If you’re a ‘worker’ rather than an employee, or self-employed, you may not be entitled to statutory maternity leave. This article explains your entitlements to paid maternity leave and parental leave, what happens to your holiday during leave, and how you can work while on maternity leave.

When am I entitled to maternity leave?

If you are an employee, you are legally entitled to 52 weeks of maternity leave, regardless of how long you’ve worked for your employer. This includes:

  • Ordinary maternity leave (first 26 weeks)
  • Additional maternity leave (last 26 weeks)

You must take at least two weeks off after giving birth (or four weeks if you work in a factory).

If you are a worker (such as on a zero-hours contract, agency worker, or freelancer), you may not be entitled to statutory maternity leave but may qualify for Maternity Allowance (explained in more detail below).

If you are self-employed, you are not entitled to maternity leave, but you may be eligible for Maternity Allowance if you have paid National Insurance contributions.

When am I entitled to maternity pay?

There are three main types of maternity pay:

Statutory Maternity Pay (SMP)

Most employees receive Statutory Maternity Pay (SMP) if they:

  • Have been employed by the same employer for at least 26 weeks before the 15th week before the baby’s due date.
  • Earn at least £123 per week (before tax).

SMP is paid for up to 39 weeks:

  • First 6 weeks: 90% of your average weekly earnings (before tax).
  • Next 33 weeks: £172.48 per week or 90% of your average weekly earnings (whichever is lower).

Contractual (Enhanced) Maternity Pay

Some employers offer enhanced maternity pay as part of your contract. Check with your HR department to see if this applies to you.

Maternity Allowance (MA)

If you don’t qualify for SMP, you may be eligible for Maternity Allowance, which is paid by the government. You may qualify if you:

  • Are self-employed and have paid Class 2 National Insurance contributions.
  • Have worked for at least 26 weeks in the 66 weeks before your due date.
  • Earned at least £30 per week in at least 13 of those weeks.

Maternity Allowance is paid for up to 39 weeks at £172.48 per week or 90% of your average earnings (whichever is lower).

Holidays during maternity leave

While on maternity leave, you continue to accrue paid holiday leave, including bank holidays. If you cannot take your leave before maternity leave starts, you can carry it over to the next holiday year. This means you won’t miss out on your holiday entitlement while on leave.

Can I work while on maternity leave?

You are allowed to work for up to 10 ‘Keeping in Touch’ (KIT) days during your maternity leave without affecting your pay or leave entitlement. These days can be used for:

  • Training sessions
  • Team meetings
  • Company events
Note

KIT days must be agreed upon with your employer and are optional—you cannot be forced to work during your maternity leave.

Paternity and shared parental Leave

  • Statutory Paternity Leave: Fathers, partners, or same-sex partners can take up to 2 weeks of paid paternity leave at £172.48 per week or 90% of their earnings (whichever is lower).
  • Shared Parental Leave (SPL): Parents can share up to 50 weeks of leave and 37 weeks of pay if eligible.

What to do if you need help

If your employer refuses to grant maternity leave, pay, or unfairly dismisses you while pregnant or on maternity leave, you have rights. Here’s what to do:

  • Talk to your employer first
  • Seek advice from Citizens Advice UK.
  • Contact ACAS for workplace disputes.
  • Check with a trade union if you are a member.

Please refer to the legal disclaimer for this article.

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