Family leave
Maternity leave UK: entitlement, pay and planning in 2026
Eligible employees can take up to 52 weeks of maternity leave. Statutory Maternity Pay lasts up to 39 weeks and has a separate eligibility test. Plan the leave dates and payroll schedule independently.
- Statutory maternity leave
- 52 weeks
- Maximum SMP period
- 39 weeks
- Weekly cap after the first 6 weeks
- £194.32
Guidance for England, Scotland and Wales. Northern Ireland employment rules can differ.
Leave entitlement and start dates
Statutory Maternity Leave consists of 26 weeks of ordinary leave and 26 weeks of additional leave. An employee who gives the correct notice can qualify regardless of length of service, hours or earnings.
Leave can usually begin up to 11 weeks before the expected week of childbirth. It starts automatically after an early birth or for pregnancy-related sickness in the four weeks before the expected week. At least two weeks must be taken after birth, or four weeks for factory work.
Source: GOV.UK: maternity leave · GOV.UK: maternity eligibility
The current maternity pay schedule
For 2026/27, SMP is 90% of average weekly earnings for the first six weeks. For the next 33 weeks, it is £194.32 or 90% of average weekly earnings, whichever is lower. The final 13 weeks of a full year's statutory leave are not covered by SMP.
Check the employer's enhanced maternity scheme as well. A contractual top-up may change what the employee receives, but it should be explained alongside the statutory calculation.
| Period | Statutory payment |
|---|---|
| Weeks 1–6 | 90% of average weekly earnings |
| Weeks 7–39 | £194.32 or 90% of earnings, whichever is lower |
| Weeks 40–52 | No SMP; check any company benefit |
Source: GOV.UK: maternity pay
Check pay eligibility separately
The current SMP earnings threshold is an average of at least £129 a week. The employee normally needs 26 weeks of continuous employment continuing into the qualifying week, which is the 15th week before the expected week of childbirth, plus the required notice and evidence.
Someone can qualify for maternity leave without qualifying for SMP. Where SMP is refused, provide form SMP1 explaining the decision within seven days of making it; the employee may be able to claim Maternity Allowance.
Source: GOV.UK: maternity eligibility
Plan holiday and the return
Holiday continues to accrue during maternity leave. Agree how the employee will use it around the leave period and check carry-over where maternity prevents them taking it during the leave year.
Confirm the expected return date, handover responsibilities and an agreed contact plan. An employee changing their return date must give at least eight weeks' notice. Keep the calendar, written confirmation and payroll record aligned if dates change.
Source: GOV.UK: maternity leave · GOV.UK: calculating leave and carry-over
In practice
A leave plan is longer than its pay plan
An employee with average weekly earnings of £600 qualifies for SMP and takes 52 weeks of leave. Statutory pay is £540 a week for the first six weeks, then £194.32 for the next 33 weeks. The remaining 13 weeks have no SMP.
Record all 52 weeks as maternity leave, with separate pay milestones. Any enhanced company pay and annual leave arranged afterwards should be visible as distinct parts of the plan.
Your next steps
- Confirm the expected week of childbirth and the proposed leave start.
- Check SMP eligibility and prepare the week-by-week payment schedule.
- Agree handover, contact preferences and the holiday plan.
- Record the expected return and explain how to notify changes.
Sources and review
Reviewed against the official guidance below on 7 September 2026. Rates and employment rules can change; use the linked guidance for a decision about an individual case.
- GOV.UK: maternity leave
- GOV.UK: maternity eligibility
- GOV.UK: maternity pay
- GOV.UK: calculating leave and carry-over
Contains public sector information licensed under the Open Government Licence v3.0. Crown copyright. This is Leavely's independently written guide.
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