Maternity leave and pay: the checklist
From telling your employer to your first day back: what to do, in order, and the notice periods that matter.
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Time: from about 6 months before the baby is due to your return
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Check what you are entitled to
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It does not matter how long you have been with your employer, how many hours you work or how much you get paid (GOV.UK).
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You must earn on average at least £129 a week and have worked for your employer continuously for at least 26 weeks into the qualifying week (GOV.UK).
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Your 26 weeks of work must continue into that week (GOV.UK).
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Pay is 90% of your average weekly earnings for 6 weeks, then £194.32 or 90%, whichever is lower, for 33 weeks.
Tell your employer
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They can ask for it in writing (GOV.UK).
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It sets your start and end dates (GOV.UK).
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In writing if your employer asks for it (GOV.UK).
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Within 21 days of your pay start date. Doctors and midwives give the MATB1 no more than 20 weeks before the due date. Without it you will not get SMP (GOV.UK).
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If you are not eligible they must give you form SMP1 within 7 days and explain why (GOV.UK).
If you do not qualify
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You could get it if you are employed but cannot get SMP, are self-employed or have recently stopped working (GOV.UK).
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Payments can start between the 11th week before your baby is due and the day after the birth (GOV.UK).
Planning your leave
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Leave also starts the day after an early birth, or automatically if you are off with a pregnancy-related illness in the last 4 weeks before the due week (GOV.UK).
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It is 4 weeks if you work in a factory (GOV.UK).
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The first 26 weeks are Ordinary Maternity Leave and the last 26 are Additional Maternity Leave. Pay lasts 39 weeks (GOV.UK).
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Up to 2 weeks, and the due date must be given at least 15 weeks before the birth (GOV.UK).
Returning to work
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Your employment rights are protected during Statutory Maternity Leave (GOV.UK).
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You keep building up holiday during maternity leave. See the holiday entitlement calculator on this site.
Back at work
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Good to know
- This list covers Statutory Maternity Leave and Pay. Your employer’s own scheme may give more: always read your contract and handbook.
- You can take up to 52 weeks of leave, but statutory pay lasts only 39 weeks.
- Proof of pregnancy is needed for pay, not for leave: you can claim leave without a MATB1.
- Maternity Allowance can be a lifeline if you are self-employed or do not meet the 26-week rule for Statutory Maternity Pay.
- Not legal advice. Acas, Citizens Advice, Maternity Action or your trade union can help with a problem.
Frequently asked questions
How soon must I tell my employer I am pregnant?
At least 15 weeks before your due date, tell your employer when the baby is due and when you want to start your maternity leave. They can ask for it in writing (GOV.UK).
How much notice do I give for maternity pay?
At least 28 days’ notice of the day you want your pay to start, with proof of your pregnancy (a letter from your doctor or midwife, or a MATB1) within 21 days of your pay start date (GOV.UK).
How long can I take for maternity leave?
Up to 52 weeks: 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. You must take 2 weeks after the birth (GOV.UK).
What if I am not eligible for Statutory Maternity Pay?
Your employer gives you form SMP1 within 7 days of deciding. You may be able to get Maternity Allowance for up to 39 weeks instead (GOV.UK).
Can I change my return date?
Yes, with at least 8 weeks’ notice to your employer (GOV.UK).
Next step
I’m not an accountant or a financial advisor. This is an estimate, for information only. Check with a professional before you decide.
For a problem with your pay or your rights, contact Acas, Citizens Advice, Maternity Action, your trade union or a solicitor.