The Insider’s Manual to Maternity Leave: 2025 Rules & Laws

Maternity leave allows an employee to take time away from work for the birth and early care of a child. It provides job protection and, in many cases, statutory or contractual pay during the absence.

What is maternity leave law? The specific terms depend on employment law and the employer’s policies.

In this article, the following example shows how maternity leave might be arranged in practice, including timelines, notice requirements, and pay details.

What Is Maternity Leave?

Maternity leave is a period of authorised absence from work taken by an employee before and after the birth of a child.

It is designed to allow the birth mother time to recover from childbirth and care for her baby.

In the UK, all employees who are pregnant are entitled to up to 52 weeks of maternity leave.

This is made up of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.

Maternity leave is separate from maternity pay.

While the leave period is a legal right for employees, the amount of pay received depends on eligibility for Statutory Maternity Pay (SMP), Maternity Allowance, or an employer’s enhanced maternity scheme.

When can you start maternity leave? Employees can usually start maternity leave any time from 11 weeks before the expected week of childbirth up to the day the baby is born.

Some of the reasons to take maternity leave early include the baby arriving early or the employee being off work with a pregnancy-related illness in the last four weeks before the due date. In these types of cases, leave may start automatically.

Key points about maternity leave:

• Available to employees regardless of length of service.
• Can last up to 52 weeks, but does not have to be taken in full.
• Employees must give notice to their employer, usually at least 15 weeks before the due date.
• Holiday entitlement continues to accrue during maternity leave.

Types of Maternity Leave in the UK

In the UK, statutory maternity leave can last up to 52 weeks and is split into distinct periods with different rules.

These periods determine when leave starts, how long it lasts, and the conditions an employee must follow during each stage.

Ordinary Maternity Leave (OML)

Ordinary Maternity Leave covers the first 26 weeks of statutory maternity leave.

All employees are entitled to this period, regardless of how long they have worked for their employer or their working hours.

OML can start no earlier than 11 weeks before the expected week of childbirth, unless the employee gives birth early.

When to start maternity leave? Some employees choose to begin leave earlier due to health reasons, complications, or to prepare for the birth.

During OML, the employee’s job is protected, and they have the right to return to the same role with the same terms and conditions.

Statutory Maternity Pay (SMP) may be available if eligibility criteria are met, but OML entitlement itself is not dependent on pay eligibility.

If an employee becomes ill with a pregnancy-related condition in the four weeks before the expected week of childbirth, maternity leave will start automatically.

Additional Maternity Leave (AML)

Additional Maternity Leave is the second 26-week period of statutory maternity leave, following directly after OML.

This means the total leave can be up to 52 weeks.

AML provides continued job protection, but the right to return to the exact same job may change.

If it is not reasonably practicable for the employer to offer the same role, they must offer a suitable alternative with similar terms and conditions.

Employees do not need to give extra notice to take AML if they have already stated they plan to take the full 52 weeks.

They must give at least eight weeks’ notice if they wish to return earlier than planned.

SMP usually covers part of AML, but it only lasts for up to 39 weeks in total.

The final weeks may be unpaid.

Compulsory Maternity Leave

Compulsory Maternity Leave is a fixed period of two weeks after childbirth during which an employee is not allowed to work.

For factory workers, this period is extended to four weeks.

This rule applies regardless of the employee’s wishes to protect the health and safety of the mother and baby.

Even if the employee feels able to work, they cannot return before this period ends.

Compulsory leave is included within the 52-week total maternity leave entitlement.

It starts automatically from the day after the baby is born, even if the birth occurs earlier than expected.

Employers must ensure no work is undertaken during this time, including working from home or attending meetings.

When to Start Maternity Leave in the UK?

When can you take maternity leave? In the UK, maternity leave can usually start any time from 11 weeks before the expected week of childbirth.

This gives flexibility for those who want to stop work earlier or work closer to the due date.

If the baby is born earlier than expected, mat leave will begin the day after the birth.

This applies even if the planned start date was later.

Leave will also start automatically if the employee is off work with a pregnancy-related illness during the four weeks before the expected week of childbirth.

By law, at least 2 weeks of leave must be taken after the birth (4 weeks for factory workers).

This applies even if the employee chooses to start maternity leave later.

Key timings for starting maternity leave:

Employees can change their agreed start date by giving their employer at least 4 weeks’ maternity leave notice.

Some choose to take annual leave immediately before maternity leave to extend time off without affecting maternity pay.

It is important to confirm the start date in writing with the employer, even if the leave begins earlier than planned due to unforeseen circumstances.

Practical Maternity Leave Tips for Employers

Employers should confirm an employee’s eligibility for statutory maternity leave and pay early. This helps avoid misunderstandings and ensures the correct notice periods and documentation are in place.

Written confirmation of leave dates and pay arrangements is good practice.

Plan for workload cover well before the leave starts. This may involve temporary recruitment, redistributing duties, or training existing staff. Clear planning reduces disruption and supports business continuity.

Maintain regular, agreed contact during leave, such as through Keeping in Touch (KIT) days. These can help employees stay informed without feeling pressured to return early.

Respect the employee’s right to return to the same or a suitable alternative role. Any changes should be discussed openly and documented to meet legal obligations.

Ensure policies are up to date with current UK employment law. This includes redundancy protections, flexible working requests, and pay entitlements.

Provide clear guidance on benefits, holiday accrual, and pension contributions during leave. Transparency helps employees make informed decisions about their return.

Train managers on handling maternity leave matters sensitively and lawfully.

Consistent application of policies supports fairness and compliance.

Employment Regulations During Maternity Leave

Employees on maternity leave in the UK retain specific legal rights under employment law.

These include continued accrual of statutory benefits, protection from discrimination, and safeguards relating to pay, bonuses, and redundancy.

Employers must comply with these obligations regardless of the size of the business.

Holiday Accrual and Maternity Leave

Under UK law, annual leave entitlement continues to accrue during maternity leave.

This includes both statutory minimum leave (5.6 weeks) and any additional contractual leave.

Employees cannot take annual leave during maternity leave, but they can take it immediately before or after.

Many choose to use accrued holiday at the end of their maternity leave to extend their time off.

If a holiday year ends while the employee is on maternity leave, unused statutory holiday must be carried over into the next leave year.

Employers should keep clear records to ensure accurate accrual and carry-over.

Pension Contributions

During paid maternity leave, pension contributions must continue based on the employee’s normal salary, not the reduced Statutory Maternity Pay (SMP).

The employer must maintain their contributions for the paid period.

For unpaid maternity leave, the employer is not required to contribute unless the employment contract states otherwise.

The employee can choose to make personal contributions to avoid breaks in their pension record.

It is important that payroll and HR systems are updated to reflect correct contribution amounts during each stage of maternity leave.

This ensures compliance with both employment law and pension scheme rules.

Statutory Maternity Pay (SMP) Adjustments

SMP is paid for up to 39 weeks if the employee meets eligibility criteria, including sufficient continuous employment and minimum earnings.

The first 6 weeks are paid at 90% of average weekly earnings before tax.

The remaining 33 weeks are paid at the statutory rate set by the government or 90% of average weekly earnings, whichever is lower.

Employers reclaim most or all SMP from HMRC.

If the employee works Keeping in Touch (KIT) days, this can affect SMP for that week if total pay exceeds SMP.

Employers must clearly explain how such adjustments are calculated.

Bonuses & Performance Targets

Bonuses that relate to performance before maternity leave must be paid in full. This includes contractual bonuses and commission earned before the leave began.

For bonuses linked to company-wide performance or loyalty, the employee should receive a proportionate amount for the period worked.

Employers cannot withhold such payments because of maternity leave.

Performance targets should be adjusted to reflect the period of absence.

Targets set without adjustment could lead to indirect discrimination under the Equality Act 2010.

Returning to Work

Employees returning from maternity leave have the right to return to the same job if they take up to 26 weeks’ leave.

If they take more than 26 weeks, they have the right to return to the same job or, if not reasonably practicable, a suitable alternative role on the same terms.

Employers must ensure any changes to the role during maternity leave are communicated and agreed upon.

Failure to reinstate the employee properly can result in claims for unfair dismissal or discrimination.

Employees should confirm their return date in line with maternity leave notice requirements.

This is usually at least 8 weeks before returning if they wish to change the planned date.

Redundancy During Maternity Leave

It is unlawful to make an employee redundant because of pregnancy or maternity leave.

If redundancy is genuine, the employer must follow fair procedures and offer any suitable alternative vacancy before considering dismissal.

From April 2025, enhanced redundancy protection applies from the time the employee informs the employer of pregnancy until 18 months after the child’s birth.

This protection also applies to adoption and shared parental leave.

Employers must document the redundancy process carefully.

Decisions must be based on objective business reasons and not influenced by the employee’s maternity status.

Final Thoughts

Clear and early communication about maternity leave arrangements helps prevent misunderstandings and supports smoother transitions. 

Written policies outlining rights, responsibilities, and processes ensure consistency and reduce disputes. 

Flexible return-to-work options and agreed “keeping in touch” days can aid retention and ease reintegration. 

Fair application of policies, including decisions on bonuses or promotions, is essential to maintain trust and avoid legal issues.