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👶 Family Leave Guide
Maternity, Paternity & Family Leave Rights in 2026
Having a baby, adopting, or taking time for family? This guide explains your legal entitlements — from maternity pay to paternity leave, shared parental leave, and the new day-one rights that came in April 2026.
📅 Last reviewed: July 2026📚 Sources: GOV.UK, ACAS, Employment Rights Act 2025🏴 Applies to England, Wales & Scotland (NI varies)
⚖ Know Your Rights at a Glance
Maternity leave: 52 weeks total — 26 weeks ordinary, 26 weeks additional. Paid for up to 39 weeks.
Statutory Maternity Pay: First 6 weeks at 90% of average weekly earnings (no cap), then £194.32/week or 90% of average weekly earnings, whichever is lower, for weeks 7–39.
Paternity leave — day-one right from 6 April 2026: Up to 2 weeks' leave from your first day. Statutory Paternity Pay (£194.32/week or 90% of average weekly earnings, whichever is lower) still needs 26 weeks' service by the qualifying week and average earnings of at least £129/week. (England, Scotland and Wales. In Northern Ireland, the law still includes a condition about how long you have worked for your employer.)
Unpaid parental leave — day-one right from 6 April 2026: 18 weeks per child up to age 18. (England, Scotland and Wales. In Northern Ireland, the law still includes a condition about how long you have worked for your employer.)
Shared parental leave: Up to 50 weeks of leave and 37 weeks of pay between eligible parents.
Dismissal or detriment for taking family leave is automatically unfair and may also be maternity or pregnancy discrimination.
🆕 Paternity and parental leave are now day-one rights from 6 April 2026
Under the Employment Rights Act 2025, paternity leave and 18 weeks of unpaid parental leave are now available from your first day of employment. Previously, paternity leave required 26 weeks' service. These changes apply to employees in England, Wales and Scotland — Northern Ireland has separate legislation.
Maternity leave and pay
All employees are entitled to 52 weeks of maternity leave — 26 weeks ordinary maternity leave (OML) and 26 weeks additional maternity leave (AML). You can start leave from 11 weeks before your due date.
Statutory Maternity Pay (SMP) is paid for up to 39 weeks:
First 6 weeks: 90% of your average weekly earnings (no cap)
Weeks 7–39: £194.32 per week
To qualify for SMP you must have been continuously employed for at least 26 weeks by the end of the 15th week before your due date. You must also earn at least the lower earnings limit.
You can take up to 10 Keeping in Touch (KIT) days during maternity leave without ending the leave. You're paid your normal rate for KIT days.
Paternity leave
From 6 April 2026, paternity leave is a day-one right. You no longer need 26 weeks' service. Partners and fathers can take: This applies in England, Scotland and Wales. In Northern Ireland, the law still includes a condition about how long you have worked for your employer.
Up to 2 weeks' paternity leave
Leave must be taken within 52 weeks of birth (or adoption placement)
Paid at £194.32 per week (Statutory Paternity Pay)
Shared Parental Leave
Shared Parental Leave (SPL) allows parents to share up to 50 weeks of leave and 37 weeks of pay between them. Both parents can take leave at the same time or alternate. SPL can be taken in blocks — not necessarily continuously.
Shared Parental Pay is paid at £194.32 per week. To qualify, both parents must meet the eligibility criteria — including earnings thresholds and employment history. Check gov.uk for the current eligibility rules.
Protection from dismissal and detriment
You have strong legal protection when taking family leave:
It is automatically unfair to dismiss you for a reason connected to maternity leave, pregnancy, or family leave
Dismissing a pregnant employee is very likely to be both automatically unfair and unlawful pregnancy/maternity discrimination
You have the right to return to the same job after OML. After AML, you have the right to return to the same job or a suitable alternative.
Your terms and conditions (except actual pay) continue during maternity leave
Pension contributions must continue during paid maternity leave
Bereavement leave
From 6 April 2026, if the mother or main adopter of your child dies within the first year, the partner can take up to 52 weeks of Bereaved Partner’s Paternity Leave. It is unpaid, applies in England, Scotland and Wales only (not Northern Ireland), must be taken in one continuous block and must finish by the child’s first birthday or the first anniversary of the adoption placement.
All employees have the right to take a reasonable amount of unpaid time off to deal with an emergency involving a dependant, including bereavement of a close family member. This is a day-one right.
1
Tell your employer about pregnancy by the right deadline
For maternity leave, tell your employer by the end of the 15th week before the week your baby is due that you are pregnant, the week the baby is due and the date you want your leave to start (or as soon as reasonably practicable). For Statutory Maternity Pay, give at least 28 days' notice of the date you want your pay to start. Your employer can ask for this in writing. (England, Scotland and Wales.)
2
Put your leave dates in writing
Even if you tell your employer verbally, follow up in writing and keep a copy. Confirm your return date in writing too.
3
Check your contract for enhanced pay
Many employers offer enhanced maternity or paternity pay above the statutory minimum. Check your contract or staff handbook.
4
Know your right to return
After OML (first 26 weeks) you have the right to return to exactly the same job. After AML, it's the same job or a suitable alternative on no less favourable terms.
5
Raise a grievance if you face detriment
If you're treated less favourably because of pregnancy or family leave, raise a formal grievance. Keep all evidence.
6
Contact ACAS if your employer refuses your rights
In England, Scotland and Wales, you must contact ACAS before you make an employment tribunal claim. In Northern Ireland, you must contact the Labour Relations Agency before an industrial tribunal claim. Discrimination linked to pregnancy or maternity is especially serious — don't delay.
Frequently asked questions
I'm pregnant and just started a new job — do I have maternity rights?
Yes. Maternity leave is a day-one right for all employees. SMP requires 26 weeks' service by the qualifying week, but if you don't qualify you may be entitled to Maternity Allowance from DWP instead.
Can my employer refuse my return to work after maternity leave?
No. Refusing to let you return is effectively a dismissal. It is automatically unfair and very likely to be maternity discrimination. Raise a grievance immediately and contact ACAS.
My employer changed my job while I was on maternity leave. Is that legal?
It may not be. You have the right to return to the same job after OML, and to the same or a suitable alternative after AML. A change imposed without your agreement — particularly a downgrade — is likely to be maternity discrimination.
Can my partner take paternity leave if we're not married?
Yes. Paternity leave is available to biological fathers, and also to the partner (of any sex) of the baby's mother or the other legal parent. Marriage or civil partnership is not required.
Do I continue to accrue holiday during maternity leave?
Yes. Your statutory holiday entitlement (5.6 weeks) continues to accrue during the full 52 weeks of maternity leave. Many employers also allow you to carry over holiday that built up during maternity leave into the next holiday year.
Can I be made redundant while on maternity leave?
You can be made redundant while on maternity leave, but you have special protection — including the right to be offered any suitable alternative vacancy in preference to others. Selecting you for redundancy because of maternity leave is automatically unfair and discriminatory.
What if my employer won't pay SMP?
Your employer must pay SMP if you qualify. If they refuse, you can appeal through HMRC. HMRC can intervene and recover SMP payments from employers where they have been unlawfully withheld.
ACAS: 0300 123 1100 — maternity and family leave guidance (England, Scotland and Wales). Northern Ireland: Labour Relations Agency, 03300 555 300.
Maternity Action: maternityaction.org.uk — specialist advice on maternity rights
Citizens Advice: 0800 144 8848 — free family leave guidance
GOV.UK: gov.uk/maternity-pay-leave — official guidance on SMP and leave
⚠ Important disclaimer: This guide covers family leave law in England, Wales and Scotland as at July 2026. Northern Ireland has separate legislation in some areas. This guide provides general legal information only and is not legal advice. Laws change — always verify current rules with ACAS, GOV.UK or Citizens Advice before acting. ukworkrights.co.uk — Free UK Legal Rights Guidance. Not a law firm.