Am I entitled to redundancy pay?

You are entitled to statutory redundancy pay if you have worked for your employer for at least 2 continuous years. The amount depends on your age, length of service and weekly pay, capped at £751 per week.

What is unfair dismissal?

Unfair dismissal occurs when your employer dismisses you without a fair reason or without following a fair procedure. You need 2 years of service to claim, reducing to 6 months from January 2027.

When is statutory sick pay paid?

Statutory Sick Pay (SSP) is now paid from Day 1 of illness following the Employment Rights Act 2025. The current rate is £123.25 per week for up to 28 weeks.

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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 verified: 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 for weeks 7–39.
Paternity leave — day-one right from 6 April 2026: Up to 2 weeks, paid at £194.32/week. No longer requires 26 weeks' service.
Unpaid parental leave — day-one right from 6 April 2026: 18 weeks per child up to age 18.
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:

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, where a mother dies, the partner or father has the right to bereavement paternity leave of up to 52 weeks — a day-one right. Statutory Parental Bereavement Pay is paid at £194.32 per week.

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.

Tell your employer about pregnancy by the right deadline

You must notify your employer of your pregnancy and intended leave start date by the end of the 15th week before your due date for SMP purposes.

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.

Check your contract for enhanced pay

Many employers offer enhanced maternity or paternity pay above the statutory minimum. Check your contract or staff handbook.

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.

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.

Contact ACAS if your employer refuses your rights

ACAS early conciliation is the first step before a tribunal claim. Discrimination linked to pregnancy or maternity is especially serious — don't delay.

👶 Check Your Family Leave Rights

Describe your situation and get personalised guidance on maternity, paternity or family leave rights.

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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.

📞 Free help and support

ACAS: 0300 123 1100 — maternity and family leave guidance

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.