Understanding your rights to maternity and paternity leave in the UK is essential for a smooth transition into parenthood and for maintaining your workplace rights. At Sunrise Solicitors, we support both employees and employers with expert legal advice and representation on all aspects of parental leave. Whether you are facing difficulties obtaining statutory leave, being treated unfairly while on leave, or unsure about compliance as an employer, we are here to help. We also provide services on No Win No Fee basis, subject to assessment.
Maternity Leave in the UK
Maternity leave UK allows pregnant employees to take time off to prepare for childbirth, recover, and bond with their baby. UK employment law provides extensive statutory protections.
How long is Maternity Leave?
You are entitled to up to 52 weeks of statutory maternity leave, made up of:
- 26 weeks of Ordinary Maternity Leave (OML)
- 26 weeks of Additional Maternity Leave (AML)
You can begin your leave as early as 11 weeks before your due date. There is no minimum length of service required to qualify for maternity leave.
Maternity Pay Options
1. Statutory Maternity Pay (SMP)
Available for up to 39 weeks, paid by your employer:
- First 6 weeks: 90% of your average weekly earnings (AWE)
- Next 33 weeks: £187.18/week (or 90% of AWE, if lower)
2. Maternity Allowance
Maternity Allowance is a financial benefit available to individuals who take time off work to have a baby but do not qualify for Statutory Maternity Pay (SMP).
You may be eligible if you meet any of the following conditions:
- You are employed but not entitled to SMP
- You are self-employed
- You have recently stopped working
- You carry out unpaid work for your spouse or civil partner’s business
Maternity Allowance can be paid for up to 39 weeks.
You can apply once you have been pregnant for 26 weeks, and payments can begin at any point from the 11th week before your baby is due up to the day after the birth.
Claiming Maternity Leave
To claim maternity leave UK, you must:
- Notify your employer at least 15 weeks before your due date with the expected due date and your planned maternity leave start date (in writing if requested).
- Your employer must respond within 28 days, confirming the start and end dates of your maternity leave.
- To claim Statutory Maternity Pay (SMP), give your employer at least 28 days’ notice of when you want your pay to start and inform them that you’re stopping work because of pregnancy.
- You must provide proof of pregnancy to receive SMP (not required for leave). This can be:
- A MATB1 certificate (issued from 20 weeks before the due date)
- Or a letter from your doctor or midwife
- Proof must be given within 21 days of your SMP start date (or as soon as possible if the baby is born early).
- Your employer must confirm how much SMP you’ll get and the payment schedule within 28 days of your notice.
- If you’re not eligible for SMP, your employer must issue form SMP1 within 7 days of their decision, explaining the reason.
Employment Rights During Maternity Leave
While on UK maternity leave, your rights are protected. You are entitled to:
- Return to the same or a similar job after leave
- Accrue annual leave
- Continue pension contributions
- Request flexible working upon return
- Be protected from redundancy and discrimination
If you are made redundant during maternity leave, you have priority for suitable alternative roles.
Additional NHS Benefits for Mothers
If you are pregnant or have recently had a baby, you may be entitled to free NHS health benefits, but you must have a valid Maternity Exemption Certificate (MATEX).
With a MATEX certificate, you can get:
- Free NHS prescriptions during pregnancy and for up to 12 months after your baby is born
- Free NHS dental treatment during pregnancy and for 12 months after birth
These benefits also apply if:
- You experience a stillbirth or miscarriage after 24 weeks of pregnancy
- You are issued a stillbirth certificate, which can be used to access free dental care for up to 12 months after your due date
- You can continue using your existing MATEX certificate until it expires, even in these circumstances.
Paternity Leave in the UK
Paternity leave allows fathers, partners, or intended parents to take time off work following the birth or adoption of a child.
Duration of Paternity Leave
The duration of the paternity leave UK is as follows.
- You can take 1 or 2 weeks of paternity leave
- The weeks can be taken together or separately (one-week blocks)
- Leave must be used within 52 weeks of the birth (or due date if born early)
- Leave cannot start before the child is born
Statutory Paternity Pay (SPP)
- Paid at £187.18 per week, or 90% of your average weekly earnings, whichever is lower
- Payable for up to 2 weeks
- Usually paid during your paternity leave
- Subject to tax and National Insurance
Eligibility for Paternity Leave and Pay
To take Statutory Paternity Leave UK and receive Statutory Paternity Pay, you must meet certain employment and earnings conditions. These rules apply whether you are the biological father, the partner of the birth mother, an adopter, or the intended parent through surrogacy.
You will be eligible if you:
- Are employed up to the date of the baby’s birth
- Have worked for your employer continuously for at least 26 weeks by the 15th week before the baby is due
- Earn at least £125 per week (before tax)
- Give your employer the correct notice of your intention to take leave
- Are one of the following: the father, the partner of the birth mother (including same-sex partners), the child’s adopter, or the intended parent in a surrogacy arrangement
In addition, you may still qualify for both leave and pay if your baby is born alive at any stage of pregnancy or is stillborn after 24 weeks. The UK paternity leave must be taken within 52 weeks of the birth. Meeting these conditions ensures that you are protected under UK employment law and entitled to take time off work to care for your child.
How to Request Paternity Leave
- Notify your employer 15 weeks before the baby is due
- Submit the SC3 form (or an employer-provided version)
- Specify if you are taking 1 or 2 weeks
- Give 28 days’ notice for any changes to start dates
Shared Parental Leave (SPL)
Shared Parental Leave (SPL) gives eligible parents greater flexibility in how they care for their child during the first year. Instead of taking maternity or adoption leave in full, parents can choose to share it.
- You can share up to 50 weeks of leave and up to 37 weeks of Statutory Shared Parental Pay
- Leave can be taken together or separately, and in blocks or continuously
- SPL becomes available once one parent ends their maternity or adoption leave and pay early
- Both parents must meet work and income eligibility criteria to qualify
This allows families to divide childcare more equally and choose a leave pattern that suits their needs.
Legal Support for Employees and Employers
At Sunrise Solicitors, we provide expert legal support tailored to both employees and employers.
For Employees
- Denied maternity or paternity leave or pay
- Discrimination or dismissal related to pregnancy or parental status
- Redundancy during parental leave
- Issues with return-to-work arrangements
- Assistance with ACAS Early Conciliation or Employment Tribunal claims
For Employers
- Drafting and reviewing maternity/paternity policies
- Handling redundancy during parental leave fairly and lawfully
- Advising on flexible working requests and workplace disputes
- Representing your interests in employment law proceedings
Why Choose Sunrise Solicitors?
Our reputation at Sunrise Solicitors is built on delivering clear, results-driven legal support in all areas of employment law. We help individuals and businesses resolve maternity and paternity leave disputes with clarity and confidence.
We offer:
- Practical legal advice with a focus on early resolution
- No Win No Fee representation in appropriate cases
- Nationwide legal support for employees and employers
- Full assistance with grievances, ACAS conciliation, and tribunal claims
- A proven track record in protecting parental leave rights
