Understanding Your UK Maternity Rights: A Comprehensive Guide

Navigating maternity rights in the UK can be complex, but it’s crucial for both employees and employers to understand their responsibilities and entitlements. Whether you're expecting a baby or managing a team, it’s important to be clear about UK maternity rights, including maternity leave, pay, and what happens when you return to work. This guide offers a detailed overview of statutory maternity leave and pay in the UK, helping you stay informed.

Overview of Maternity Rights in the UK

Maternity rights in the UK are designed to protect the health and well-being of new mothers while also offering financial support during time off work. The key elements of UK maternity rights include maternity leave, statutory maternity pay, and protections against unfair treatment.

Maternity leave in the UK is structured as either Ordinary Maternity Leave (OML) or Additional Maternity Leave (AML), both of which provide up to 52 weeks of leave. Statutory maternity pay (SMP) is provided for a period of up to 39 weeks. However, there are specific criteria for eligibility, and different rules apply depending on your employment status.

Statutory Maternity Leave and Pay

Duration of Leave

 As of April 2025, employees in the UK are entitled to 52 weeks of maternity leave, broken down into:

• Ordinary Maternity Leave (OML): The first 26 weeks of maternity leave.
• Additional Maternity Leave (AML): The final 26 weeks of leave.

While you can begin your leave no earlier than 11 weeks before your expected due date, it is important to note that you are required to take at least two weeks off after the birth of your baby.

Maternity leave can also be shared with your partner, depending on the specific rules of Shared Parental Leave (SPL). However, there are certain exceptions based on the type of work, such as factory or manual jobs, or if your baby is born prematurely.

Maternity Pay Rates

Statutory maternity pay (SMP) lasts for up to 39 weeks and is split into two parts:

• First 6 weeks: You’ll receive 90% of your average weekly earnings (before tax).
• Next 33 weeks: You’ll receive either £187.18 per week or 90% of your average weekly earnings (whichever is lower).

It’s important to note that your average weekly pay includes any sick pay, holiday pay, back pay, bonuses, and any previous statutory maternity pay. You will receive the same maternity pay even if you’re expecting more than one baby. Some taxes and national insurance payments may apply to SMP.

Maternity Rights for Different Employment Types

Your employment status can affect your maternity rights, especially when it comes to zero-hour contracts or self-employment. Below, we break down the specifics of maternity rights for different types of work.

Zero-Hour Contract Maternity Pay

 If you're on a zero-hour contract, you are still entitled to statutory maternity pay (SMP) if you meet the required criteria. Specifically, you must:

• Have been employed for at least 26 weeks by the 15th week before your due date.
• Earn at least the minimum weekly amount required by law.
• Provide evidence of pregnancy, such as a MATB1 certificate.

If you do not qualify for SMP, you may be eligible for Maternity Allowance (see the section below).

Self-Employed and Freelancers

Self-employed workers, freelancers, or those running their own businesses do not qualify for Statutory Maternity Leave or SMP. However, they may be eligible for Maternity Allowance (MA), which offers up to 39 weeks of payments for those who meet certain conditions. To qualify for Maternity Allowance, you must have been self-employed for at least 26 weeks during the 66 weeks before your baby’s due date and earned a minimum amount during that period.

Self-employed individuals who are directors of limited companies may qualify for SMP, as their company can pay them, and then reclaim the costs from HM Revenue and Customs (HMRC).

Maternity Allowance

Maternity Allowance is available to individuals who may not be eligible for SMP, such as the self-employed or those who have recently stopped working. To qualify, you must have earned at least £30 per week for at least 13 weeks during the 66 weeks before your due date.

The application for Maternity Allowance can be made by filling out the claim form and sending it to the government. This payment helps support new parents financially while they take time off work.

Returning to Work After Maternity Leave

One of the key aspects of maternity rights is the right to return to work after maternity leave. Understanding these rights ensures that both employers and employees know what to expect when maternity leave comes to an end.

Rights Upon Returning

You are entitled to return to your original job after taking maternity leave, on the same terms and conditions as if you hadn’t been away. If this is not reasonably possible—for example, due to significant changes at your workplace—your employer must offer you a suitable alternative job with no less favourable terms.

This is part of the UK’s maternity law, which protects employees from unfair dismissal or redundancy for taking maternity leave. Your employer cannot treat you unfavourably or dismiss you simply because you are returning from maternity leave.

Employer Obligations

When returning to work, employers have a responsibility to ensure a smooth transition. This may include conducting a return-to-work meeting, offering a risk assessment, and making any reasonable adjustments to help you re-integrate into your role. For instance, adjustments may be needed if you are breastfeeding or have a disability.

Additionally, if your role has changed or no longer exists, your employer must provide a role that is as good, or better, than the original.

Additional Considerations

Maternity Leave Rights for Surrogates

 Surrogates are entitled to the same maternity rights as any other employee in the UK, including the 52 weeks of maternity leave and up to 39 weeks of statutory maternity pay. This entitlement exists regardless of the surrogate’s relationship to the child, as the leave is primarily to safeguard the surrogate’s health and rights after childbirth.

Key Takeaways

Understanding your UK maternity rights is essential, whether you're an employee or an employer. The law ensures that workers are treated fairly and can take the necessary time off to care for their child while maintaining financial support. If you’re unsure about your specific situation, it’s always a good idea to consult your employer, or seek expert guidance, especially if you work on a zero-hour contract or are self-employed.

By understanding the basics of maternity leave, maternity pay, and rights upon returning to work, you can confidently navigate the complexities of pregnancy and parenting in the workplace, knowing your legal protections.

For employers, ensuring that your policies are up to date and compliant with statutory maternity policy will help avoid legal challenges and promote a supportive work environment for your employees.

This guide offers an overview of your maternity rights in the UK and how they apply across various employment types. Keep this information handy to ensure that you're fully informed and empowered, whether you're preparing for maternity leave, managing your return to work, or providing support as an employer.