How long is Statutory Maternity Pay paid for?

SMP is paid for up to 39 weeks. The first 6 weeks are paid at 90% of your average weekly earnings. The remaining 33 weeks are paid at the lower of the statutory flat weekly rate or 90% of your average weekly earnings. Your maternity leave itself can last up to 52 weeks, but the final 13 weeks (if taken) are unpaid under SMP — some employers offer enhanced contractual pay to bridge this gap.

What is the qualifying week for SMP, and why does it matter?

The qualifying week is the 15th week before your expected week of childbirth. To qualify for SMP, you must have been continuously employed by the same employer for at least 26 weeks ending with the qualifying week, and your average weekly earnings in the 8 weeks before the qualifying week must be at least the lower earnings limit. If you change jobs after becoming pregnant, you may lose your SMP entitlement with your old employer and not yet qualify with your new one — in that case, Maternity Allowance from the DWP may be available instead.

Can I be made redundant while on maternity leave?

Your employer cannot select you for redundancy because you are pregnant or on maternity leave — doing so would be automatically unfair dismissal and likely unlawful discrimination under the Equality Act 2010. If your role is genuinely redundant, you have a priority right to be offered any suitable alternative vacancy before other employees. Always seek advice from Acas or an employment solicitor if you are placed at risk of redundancy during pregnancy or maternity leave.

What are KIT days and how do they work?

Keeping in Touch days allow you to work up to 10 days during your maternity leave without ending your leave or losing your SMP for that week. KIT days are entirely voluntary — your employer cannot make you work them. The pay for KIT days is agreed between you and your employer; you should get this confirmed in writing before any KIT day takes place. KIT days are often used for training, team catch-ups, or appraisals, and many employees find them helpful for a smoother return to work.

What happens to my holiday entitlement while I am on maternity leave?

Your statutory and contractual holiday continues to accrue throughout all 52 weeks of maternity leave, including any weeks that are unpaid. You cannot take holiday at the same time as maternity leave, but you can add accrued leave to the start or end of your maternity leave period. If the holiday year ends while you are on leave and you cannot take all your accrued days, your employer must allow you to carry them over into the next holiday year.

Maternity Pay UK Explained: SMP, Leave and Your Rights

How Statutory Maternity Pay works in the UK: eligibility, the 39-week structure, Maternity Allowance, maternity leave, KIT days, returning to work, and your rights.

Understanding your maternity pay and leave entitlements is one of the most important things you can do when planning for a new baby. UK employment law provides a robust set of rights for pregnant employees and new mothers, covering everything from paid leave to protection against unfair treatment at work. This guide walks through Statutory Maternity Pay (SMP), Maternity Allowance, your right to return to work, and the broader protections that apply during pregnancy and maternity leave. It is general information only — always confirm your specific situation on GOV.UK or with Acas, or seek independent legal advice if needed.

Statutory Maternity Leave: How Much Time Off Can You Take?

Most employees in the UK are entitled to up to 52 weeks of Statutory Maternity Leave, regardless of how long they have worked for their employer or how many hours they work each week. This leave is split into two phases:

Ordinary Maternity Leave (OML): the first 26 weeks. During OML your contract of employment continues in full — you keep accruing holiday entitlement, pension contributions continue (subject to your scheme rules), and most contractual benefits remain in place.
Additional Maternity Leave (AML): the following 26 weeks, running from week 27 to week 52. The same general protections apply, though some contractual benefits (beyond statutory minimums) may differ depending on your contract — check your employer's maternity policy.

You must take a minimum of two weeks' compulsory maternity leave immediately after the birth (four weeks if you work in a factory). You can choose to start your maternity leave up to 11 weeks before your due date. You do not have to take the full 52 weeks — you can return to work earlier, provided you give your employer at least eight weeks' notice of an early return.

It is worth noting that holiday entitlement continues to accrue throughout all 52 weeks. Many employees choose to add accrued annual leave before or after maternity leave to extend their time away from work. Our guide on holiday entitlement in the UK covers how this works in practice.

Statutory Maternity Pay: What Are You Entitled To?

Statutory Maternity Pay (SMP) is paid by your employer for up to 39 weeks of your maternity leave. It is structured in two rates:

First 6 weeks: paid at 90% of your average weekly earnings (AWE) with no upper cap. Your AWE is calculated using your earnings in the eight weeks (or two months, if you are paid monthly) before the end of the qualifying week.
Remaining 33 weeks: paid at the lower of the statutory flat weekly rate OR 90% of your average weekly earnings — whichever is less. Because the flat rate is reviewed every April, check GOV.UK for the current weekly rate for this tax year rather than relying on any figure quoted here.

SMP is treated as earnings and is therefore subject to income tax and National Insurance deductions in the normal way. Employers can reclaim most or all of the SMP they pay from HMRC, which is why nearly all employers are willing to administer it.

To qualify for SMP you must meet all of the following conditions:

You have worked for your employer continuously for at least 26 weeks up to and including the "qualifying week" — the 15th week before your expected week of childbirth (EWC).
You earn at least the lower earnings limit (LEL) for National Insurance on average in the eight weeks before the qualifying week. The LEL changes each tax year — check GOV.UK for the current figure.
You are still pregnant at the start of the 11th week before your EWC, or you have already given birth.
You have provided your employer with a MAT B1 form (maternity certificate) from your midwife or GP, and given at least 28 days' notice of when you want your SMP to start.

If your employer offers enhanced (contractual) maternity pay above the SMP minimum, those additional payments will be set out in your contract or staff handbook. Always ask HR for a written breakdown if you are unsure what applies to you.

Maternity Allowance: If You Don't Qualify for SMP

Not everyone qualifies for SMP — for example, if you are self-employed, a recent new starter who has not yet reached 26 weeks' continuous employment, or someone who recently changed jobs. In these situations, you may be able to claim Maternity Allowance (MA) instead, which is paid directly by the Department for Work and Pensions (DWP) rather than your employer.

MA is available for up to 39 weeks, starting from the 11th week before your baby is due at the earliest.
The amount you receive depends on your recent employment or self-employment history and earnings. There is a standard weekly rate and a lower rate for those with limited earnings — check GOV.UK for the current rates for this tax year.
You can claim MA even if you have recently stopped working, as long as you meet the qualifying conditions around employment and earnings in the 66 weeks before your baby is due.
MA is not taxable and does not affect most means-tested benefits, though it is counted as income for some. Confirm this on GOV.UK or with the DWP helpline if you are also claiming other support.

If your employer wrongly refuses to pay SMP, you can ask them for an SMP1 form explaining why. You can then contact HMRC, who can decide whether SMP is payable. You should also seek advice from Acas or Citizens Advice.

Keeping in Touch Days, Shared Parental Leave, and Returning to Work

Maternity leave does not have to mean zero contact with your employer. The law provides a specific mechanism to ease the transition back:

Keeping in Touch (KIT) days: you can work up to 10 KIT days during your maternity leave without it ending your SMP or maternity leave. These are voluntary — your employer cannot compel you to work KIT days. Pay arrangements for KIT days should be agreed in advance; your employer may top up your SMP or pay your normal daily rate. KIT days are useful for attending team meetings, training, or keeping abreast of changes before you return full-time.
Shared Parental Leave (SPL): if your partner is also an employee (or meets qualifying criteria as a worker or self-employed person), you may be able to end your maternity leave early and share the remaining entitlement as SPL. SPL allows parents to take leave simultaneously or in turns, offering considerable flexibility. It requires careful administration and notice, so plan well in advance and read the GOV.UK guidance on SPL before making decisions.
Right to return: if you return to work after OML (the first 26 weeks), you have the right to return to exactly the same job on the same terms and conditions. If you return after AML (i.e., you took more than 26 weeks), you have the right to return to the same job — or, if that is not reasonably practicable, a suitable alternative job on terms and conditions no less favourable. Your employer cannot simply offer you a lesser role or reduce your pay when you come back.
Flexible working: returning from maternity leave is one of the most common times employees make a flexible working request. Since April 2024, employees have had the right to request flexible working from day one of employment, and employers must consider requests fairly. A maternity return is an excellent moment to formalise arrangements around reduced hours, compressed weeks, or hybrid working.

Protection from Discrimination and Redundancy During Maternity Leave

Pregnancy and maternity are protected characteristics under the Equality Act 2010. This means your employer cannot treat you unfavourably because of your pregnancy, a pregnancy-related illness, or the fact that you are on maternity leave. This protection is broad:

You cannot be selected for redundancy because you are pregnant or on maternity leave. If your role is genuinely at risk of redundancy while you are on maternity leave, you have an additional right: you must be offered any suitable alternative vacancy that exists in the business, ahead of other employees, before a redundancy dismissal can take effect.
You must be kept informed of any significant workplace changes, restructures, or vacancies while you are on leave — your employer cannot use your absence as a reason to leave you out of the loop.
Any detriment, dismissal, or unfavourable treatment connected to pregnancy or maternity leave is likely to constitute automatically unfair dismissal or unlawful discrimination, which you can bring to an employment tribunal. There is no qualifying period of service for these claims.
If you believe you have been discriminated against, contact Acas for free early conciliation before making a tribunal claim. You must ordinarily do this within three months (less one day) of the act of discrimination.
Statutory Sick Pay (SSP) rules interact with maternity leave in specific ways — for instance, if you are off sick with a pregnancy-related illness in the four weeks before your due date, your employer may trigger maternity leave early. See our guide on Statutory Sick Pay for how SSP and maternity leave interact.

Understanding your redundancy rights is equally important. If your employer does make your role redundant while you are pregnant or on leave, read our guide on redundancy pay in the UK to understand what you may be owed in addition to your maternity entitlements. Similarly, if your notice period is triggered, check our guide on notice periods to understand how they interact with ongoing SMP payments.

Frequently Asked Questions

How long is Statutory Maternity Pay paid for?: SMP is paid for up to 39 weeks. The first 6 weeks are paid at 90% of your average weekly earnings. The remaining 33 weeks are paid at the lower of the statutory flat weekly rate or 90% of your average weekly earnings. Your maternity leave itself can last up to 52 weeks, but the final 13 weeks (if taken) are unpaid under SMP — some employers offer enhanced contractual pay to bridge this gap.
What is the qualifying week for SMP, and why does it matter?: The qualifying week is the 15th week before your expected week of childbirth. To qualify for SMP, you must have been continuously employed by the same employer for at least 26 weeks ending with the qualifying week, and your average weekly earnings in the 8 weeks before the qualifying week must be at least the lower earnings limit. If you change jobs after becoming pregnant, you may lose your SMP entitlement with your old employer and not yet qualify with your new one — in that case, Maternity Allowance from the DWP may be available instead.
Can I be made redundant while on maternity leave?: Your employer cannot select you for redundancy because you are pregnant or on maternity leave — doing so would be automatically unfair dismissal and likely unlawful discrimination under the Equality Act 2010. If your role is genuinely redundant, you have a priority right to be offered any suitable alternative vacancy before other employees. Always seek advice from Acas or an employment solicitor if you are placed at risk of redundancy during pregnancy or maternity leave.
What are KIT days and how do they work?: Keeping in Touch days allow you to work up to 10 days during your maternity leave without ending your leave or losing your SMP for that week. KIT days are entirely voluntary — your employer cannot make you work them. The pay for KIT days is agreed between you and your employer; you should get this confirmed in writing before any KIT day takes place. KIT days are often used for training, team catch-ups, or appraisals, and many employees find them helpful for a smoother return to work.
What happens to my holiday entitlement while I am on maternity leave?: Your statutory and contractual holiday continues to accrue throughout all 52 weeks of maternity leave, including any weeks that are unpaid. You cannot take holiday at the same time as maternity leave, but you can add accrued leave to the start or end of your maternity leave period. If the holiday year ends while you are on leave and you cannot take all your accrued days, your employer must allow you to carry them over into the next holiday year. Check our guide on holiday entitlement in the UK for more detail.

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