Understand your rights to maternity pay, paternity leave, shared parental leave, parental leave and protection from discrimination during pregnancy. Free instant guidance verified against GOV.UK and ACAS.
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All pregnant employees are entitled to up to 52 weeks of statutory maternity leave (26 weeks ordinary and 26 weeks additional), regardless of how long they have worked for their employer. You must tell your employer you are pregnant at least 15 weeks before your due date.
Statutory Maternity Pay (SMP) is paid for up to 39 weeks if you have been employed for at least 26 weeks by the end of the 15th week before your due date and earn at least the Lower Earnings Limit. SMP is paid at 90% of average weekly earnings for the first 6 weeks, then £194.32 per week (or 90% of earnings if lower) for the remaining 33 weeks.
You have enhanced protection from dismissal and redundancy during pregnancy and maternity leave. If your role is made redundant during maternity leave, you must be offered any suitable alternative vacancy before other employees. Dismissal connected to pregnancy or maternity is automatically unfair and is also unlawful discrimination under the Equality Act 2010.
Eligible employees can take 1 or 2 weeks of statutory paternity leave following the birth or adoption of a child. To qualify you must have worked for your employer for at least 26 weeks by the end of the 15th week before the due date.
Statutory Paternity Pay is paid at £194.32 per week or 90% of average weekly earnings, whichever is lower. Leave must be taken within 56 days of the birth and must be taken in one block (not split across weeks).
You must give your employer at least 15 weeks notice before the due date. You are protected from detriment or dismissal for taking paternity leave.
Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of Shared Parental Pay following the birth or adoption of a child. The mother or primary adopter must first curtail their maternity or adoption leave.
Both parents must meet qualifying conditions (26 weeks employment and earning above the Lower Earnings Limit). SPL can be taken in up to 3 separate blocks and both parents can be on leave at the same time.
Shared Parental Pay is paid at £194.32 per week or 90% of average earnings, whichever is lower, for eligible weeks. You must give your employer 8 weeks notice of your intention to take SPL.
The Carers Leave Act 2023 introduced a statutory right to up to 5 days of unpaid carers leave per year. This right applies from your first day of employment — there is no qualifying period.
You can take carers leave if you are providing or arranging care for a dependant with a long-term care need — this includes a disability, illness, mental health condition, addiction, or old age. A dependant can be a spouse, civil partner, child, parent, or someone who lives in the same household.
You must give your employer notice of at least twice the number of days you want to take (or 3 days, whichever is greater). Your employer cannot refuse carers leave, though they may postpone it for up to one month if it would unduly disrupt the business.
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