📋 Toolbox Talk · Employment Rights

Maternity & Paternity Rights:
What You're Entitled To

A plain-English guide for workers and managers — statutory pay, leave entitlements, KIT days, shared parental leave and protection from dismissal.

📅 Last reviewed: August 2026 📚 GOV.UK · ACAS · ERA 2025 🇬🇧 England, Wales & Scotland ukworkrights.co.uk

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Maternity leave

How much leave are you entitled to?

All employees are entitled to 52 weeks' maternity leave regardless of length of service or hours worked
Ordinary Maternity Leave (OML): first 26 weeks
Additional Maternity Leave (AML): remaining 26 weeks
Leave can start up to 11 weeks before the expected week of childbirth
If your baby arrives early, leave starts automatically the day after the birth
You must give your employer at least 8 weeks' notice to change your return date
Your job is protected during OML and AML — you have the right to return

✅ From day one

Maternity leave is a right from the first day of employment. There is no qualifying period.

💡 Compulsory leave

You must take at least 2 weeks off after giving birth (4 weeks if you work in a factory). This is compulsory maternity leave.

Statutory Maternity Pay

What pay are you entitled to?

Period	Rate (2026/27)
Weeks 1–6	90% of average weekly earnings
Weeks 7–39	£194.32/week or 90% AWE — whichever is lower
Weeks 40–52	Unpaid (leave continues)

📋 Qualifying for SMP

Employed by the same employer for 26 weeks by week 15 before your due date
Earning at least £129/week on average (Lower Earnings Limit)
Still pregnant at week 11 before due date, or already given birth

⚠ Don't qualify for SMP?

You may still be entitled to Maternity Allowance from DWP — up to £194.32/week for 39 weeks if you've worked for 26 of the 66 weeks before your baby's due date.

💡 Enhanced pay

Check your contract — many employers offer enhanced maternity pay above the statutory minimum. Any enhanced pay must be clearly stated in your contract or staff handbook.

Keeping in touch

KIT days — keeping in touch during leave

You can work up to 10 Keeping in Touch (KIT) days during maternity leave without losing your SMP
KIT days are voluntary — both you and your employer must agree to them
Your employer cannot force you to do KIT days
Agree the pay for KIT days in advance — your employer may count your SMP towards the pay agreed, but must not pay you less than the minimum wage
KIT days can be used for training, team meetings, handovers or a phased return preparation
Any part of a day counts as a full KIT day
On Shared Parental Leave, these are called SPLIT days — up to 20 per parent

✅ In plain English

KIT days help you stay connected without ending your leave early. They're designed to work for both sides — but you always have the right to say no.

Paternity rights

Paternity leave and pay

1 or 2 weeks' statutory paternity leave — taken together or as 2 separate one-week blocks
Must be taken within 52 weeks of birth (or adoption placement)
Must give notice of 15 weeks before the expected due date
Qualifying: paternity leave is a right from your first day of employment; for Statutory Paternity Pay you must have been employed for 26 weeks by week 15 before the due date
Statutory Paternity Pay: £194.32/week or 90% AWE — whichever is lower
Must be taking time off to look after the child and be the father, or the husband or partner of the mother

⚠ Paternity changes

You can already take paternity leave as two separate one-week blocks at any time within 52 weeks of the birth, and paternity leave is now a right from your first day of employment.

💡 Check your contract

Many employers offer enhanced paternity pay. Check your staff handbook or ask HR — you may be entitled to more than the statutory minimum.

Flexible leave

Shared Parental Leave (SPL)

Allows parents to share up to 50 weeks of leave and up to 37 weeks of pay between them
The mother must first curtail maternity leave to release the remaining leave
Leave can be taken simultaneously by both parents or in turns
Can be taken in up to 3 separate blocks each — subject to employer agreement for discontinuous blocks
Each parent taking leave needs 26 weeks' employment with the same employer by week 15 before the due date (and average earnings of at least £129 a week for Shared Parental Pay); the other parent must have worked 26 of the 66 weeks before the due date and earned at least £390 in any 13 of them
Shared Parental Pay: £194.32/week or 90% AWE
Give at least 8 weeks' notice of each leave period

⚖ Your employer's role

Your employer can refuse discontinuous leave requests but must offer continuous leave instead. They cannot prevent you from taking SPL altogether — only the pattern.

Legal protection

Protection from dismissal and detriment

It is automatically unfair dismissal to dismiss someone because they are pregnant, on maternity leave, or have taken/requested leave
This protection applies from the moment pregnancy begins — there is no qualifying service requirement
From 1 January 2027, ordinary unfair dismissal needs 6 months' service instead of 2 years (England, Wales and Scotland) — but a dismissal because of pregnancy or maternity leave needs no service at all
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, if not reasonably practicable, a suitable alternative
Redundancy during maternity leave: you must be offered any suitable vacancies first — this is a priority right

⚠ Watch out for

Being passed over for promotion while pregnant
Performance management starting suspiciously after announcing pregnancy
Redundancy without being offered suitable alternatives

✅ Remedies

Pregnancy/maternity discrimination claims have no cap on compensation and do not require a qualifying period of service.

By the numbers

Maternity & paternity rights in the UK

52

Weeks of maternity leave every employee is entitled to

39

Weeks of Statutory Maternity Pay (SMP) if you qualify

£194.32

Weekly SMP rate from weeks 7–39 (2026/27)

10

KIT days you can work without losing SMP

50

Weeks of Shared Parental Leave available to share

Day 1

Maternity leave entitlement — no qualifying period required

Adoption & surrogacy

Adoption leave and pay

The primary adopter is entitled to up to 52 weeks' adoption leave — same structure as maternity
Statutory Adoption Pay (SAP): 90% of AWE for 6 weeks, then £194.32/week or 90% AWE for 33 weeks
Must have been employed for 26 weeks before being matched
The secondary adopter is entitled to paternity leave (1–2 weeks)
Both adopters may be eligible for Shared Parental Leave
For surrogacy: intended parents may qualify for adoption leave if they intend to apply for a parental order
Leave can start up to 14 days before the child is placed

💡 Foster to adopt

If you are fostering a child prior to adoption, speak to HR — you may be entitled to adoption leave and pay from the point of fostering.

Practical steps

What to do — step by step

1

Notify your employer in writing by week 25

Tell them you're pregnant, your expected due date and when you want to start leave. They must confirm your leave dates within 28 days.

2

Get your MATB1 certificate from your midwife

Available from week 20. Your employer needs this to process SMP — give it to HR or payroll as soon as you have it.

3

Check your contract for enhanced pay

Your staff handbook may include enhanced maternity or paternity pay above statutory. If unclear, ask HR in writing.

4

Discuss KIT days if you want them

KIT days are optional — arrange any you want in advance and confirm the pay rate in writing before working them.

5

If you face dismissal or detriment — act fast

Contact ACAS immediately on 0300 123 1100. Time limits apply — 6 months less one day for acts on or after 1 October 2026 (3 months less one day for earlier acts).

Common questions

Frequently asked questions

Can I be made redundant while on maternity leave?

Yes, but only in genuine redundancy situations. You must be offered any suitable vacancies first — this is a priority right that overrides other employees. If you are not offered suitable alternatives, the dismissal is automatically unfair.

What if I don't qualify for SMP?

You may qualify for Maternity Allowance instead — up to £194.32/week for 39 weeks. Claim through the DWP using form MA1. Self-employed women often fall into this category.

Can my employer contact me during maternity leave?

Yes, but only to a reasonable extent for keeping-in-touch purposes. They cannot require you to work (other than agreed KIT days) or make decisions that could disadvantage you by reason of your absence.

Do I have to return to the same job?

After OML (first 26 weeks), yes — you return to the same job on the same terms. After AML, you return to the same job if reasonably practicable, or a suitable alternative on no less favourable terms.

Free rights guidance

Check your maternity
& paternity rights

Get plain-English guidance on your rights and your employer's legal duties.

ACAS — Free employment advice

0300 123 1100

acas.org.uk

Citizens Advice

0800 144 8848

citizensadvice.org.uk

Maternity Action

0808 802 0029

maternityaction.org.uk

UK Work Rights — Free guide

Maternity Pay and Leave in England, Wales and Scotland 2026

ukworkrights.co.uk/guide-maternity-pay-leave-gb.html

General rights guidance only — not legal advice · © UK Work Rights Ltd · Company No. 17228507 · ICO Registration No. ZC239465 · Registered office: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ · hello@ukworkrights.co.uk
Published by UK Work Rights Ltd
Drafted with AI assistance, using official sources.
Contains public sector information licensed under the Open Government Licence v3.0.

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