| Index »Maternity and Paternity Rights
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| Maternity and Paternity Rights
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| Maternity Leave
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| Most female employees have the right to take up to 52 weeks' maternity leave when they are pregnant and have a child. This does not depend on how long you have worked for your employer.
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| The only employees who don't have this right are:
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Share fisherwomen; |
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Women who are normally employed abroad (unless they have a work connection with the UK); |
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Self-employed women; |
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Policewomen and women serving in the armed forces. |
| Legally, you must take at least two weeks immediately after the baby is born (four weeks if you work in a factory).
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| How much are you entitled to?
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| You're entitled to receive 90% of your salary for the first six weeks of your maternity leave, followed by a maximum of £112.75 a week for another 33 weeks. This is known as Statutory Sick Pay (SMP).
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| Employment rights on maternity leave
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| The first 26 weeks of maternity leave are called Ordinary Maternity Leave (OML). During OML you have almost all the same contractual rights and entitlements as if you were still at work (e.g. holiday allowances). The one thing you aren't entitled to during OML is the same rate of pay - what you get will depend on your contract of employment. However, most female employees are entitled to SMP or Maternity Allowance. You can also choose to take 26 weeks' Additional Maternity Leave (AML), following on directly after OML without a gap. Your contract of employment will also continue throughout AML unless either you or your employer ends it or it runs out. However, unlike during OML, you will not keep all of your rights under your employment contract.
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| Informing your employer
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| You must give your employer the following information, preferably in writing, by the end of the 15th week before your baby is due:
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That you're pregnant; |
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The date your baby is due; |
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The date you want your maternity leave to start. |
| You must produce a medical certificate (MATB1), if your employer asks for one, showing when your baby is due. You can get your MATB1 from your midwife or GP. Once your employer has received your notice that you want to take maternity leave, they must write to you within 28 days and tell you the date you're expected to return to work.
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| Starting maternity leave
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| You can choose to start maternity leave at any time in, or after, the 11th week before your baby is due. Your maternity leave will start automatically if you're off work for any reason to do with your pregnancy from the fourth week before your baby is due.
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| Keeping in touch
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| When you are on maternity leave, your employer should keep you informed of issues which may affect you. For example, you should be informed of any relevant promotion opportunities or job vacancies that arise during your maternity leave. You are allowed to work for up to 10 days during your maternity leave without it affecting your maternity pay. These are called "keeping in touch days".
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| Returning to work
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| Women have the right to return to their old job after 26 weeks' OML. If you wish to return to work after AML, you should be offered your old job back. If that's not practical you must be offered a job that is suitable for you and appropriate in the circumstances, on the same terms and conditions as your old job. If your employer does not meet their obligations, you can make a claim for unfair dismissal or sex discrimination. For advice on how to proceed, contact your local Citizen Advice Bureau. If you decide you want to return to work earlier than the date your maternity leave is due to end, you must give your employer eight weeks' notice of your new date of return to work.
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| Flexible working
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| You have no automatic right to return to work part time after maternity leave. However, you have the right to ask for flexible working and this request must be considered seriously by your employer. If they do not consider it seriously, this could be sex discrimination. You have no automatic right to return to work part time after maternity leave. However, you have the right to ask for flexible working and this request must be considered seriously by your employer. If they do not consider it seriously, this could be sex discrimination.
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| Other parental rights
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| If you're pregnant or have just had a baby, you may have other rights, including the right:
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To take time off work for ante-natal care; |
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To work in a safe environment; |
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To claim unfair dismissal if dismissed because of pregnancy. |
| Statutory maternity leave is for 52 weeks (if the week your baby is expected to be born starts before 1 April 2007, it is for 26 weeks, with an extra 26 weeks if you meet certain conditions). You may be entitled to receive Statutory Maternity Pay for up to 39 weeks of the leave. If you're working and have a baby, whether you work full or part time, you have the right to receive Statutory Maternity Pay (SMP) as long as you meet certain conditions. Find out about these conditions and your rights.
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| Statutory Maternity Pay (SMP)
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| If your baby is due on or after 1 April 2007 you can get SMP for up to 39 weeks, as long as you meet the conditions. If your baby was due earlier than this then SMP is for up to 26 weeks. If you have the right to receive SMP, you'll get it even if you decide to leave your job before you start receiving SMP. You don't have to repay it if you decide not to go back to work or leave your job whilst getting SMP. If you are employed you can choose when you want your SMP to start, this will normally coincide with your Ordinary Maternity Leave. Unless your baby is born sooner, the earliest SMP can start is 11 weeks before the week your baby is due.
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| The basics of maternity pay
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| The maternity pay benefits you might get will vary depending on your circumstances. Usually you will claim either:
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Statutory or contractual maternity pay from your employer |
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Or Maternity Allowance through Jobcentre Plus or a Jobs and Benefits office in Northern Ireland |
| There are also a number of other benefits which you may be entitled to.
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| Contractual (company) maternity pay
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| Your employer might have their own maternity pay scheme. Check your contract of employment or staff handbook, or ask your employer's HR department. Some company schemes require you to pay back some money if you don't come back to work. However, you must be paid at least as much as SMP (if you qualify), which doesn't have to be repaid.
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| How much SMP you'll get
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| If you get SMP, your employer will pay you 90 per cent of your average weekly earnings for the first six weeks, then up to £117.18 for the remaining 33 weeks (or 20 weeks if your expected week of childbirth begins earlier than 1 April 2007). You pay tax and National Insurance in the same way as on your regular wages. Your employer reclaims the majority of SMP from their National Insurance contributions and other payments. To qualify for SMP you must pay tax and national insurance as an employee (or would pay if you earned enough).
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| What happens if you don't qualify for SMP?
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| Maternity Allowance
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| If you can't get SMP from your employer, you might get Maternity Allowance (MA) if you:
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Are employed |
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Are self-employed and pay Class 2 National Insurance contributions or |
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Have a Small Earnings Exception certificate |
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Are not employed but have worked close to or during your pregnancy |
| The conditions are that you:
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worked (either on an employed or self employed basis) for at least 26 of the 66 weeks before the week your baby was due (a part week counts as a full week). |
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earned an average of £30 over any 13 of those 66 weeks |
| The standard rate of MA is £117.18 or 90 per cent of your average weekly earnings, whichever is less. If your expected week of childbirth begins on or after 1 April 2007, it is paid for up to 39 weeks. If your expected week of childbirth was earlier than this then it is paid for up to 26 weeks. MA is not liable to income tax or NI contributions.
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| Paternity Leave
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| If you're about to become a dad, you have a right to spend some time with your new family. If you're a father-to-be, or you'll be responsible with the mother for bringing up the child, you have the right to paid paternity leave providing you meet certain conditions.
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| What am I entitled to?
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| One or two weeks' paid leave (often called paternity benefit) when you are your partner have a child. In order to qualify, you must satisfy these points:
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Be employed and have worked for your employer for 41 weeks by the time your baby is due; |
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You are the biological father, or married to, or the partner of the baby's mother (this includes same-sex partners); |
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You will have responsibility for the baby's upbringing; |
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You intend to help care for the baby in your time off (and not use the time to go on a fishing holiday or something dossy like that); |
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Have given your employer the correct notice of your paternity leave. |
| How do I claim my leave and allowance?
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To qualify for leave, you must give notice to your employer at least 15 weeks before the due date of your child; |
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You are entitled to take up to two weeks off (these must be in one block unless otherwise agreed by your employer) within 56 days of the birth; |
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You can't start your leave until the day the baby is born; |
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You must give your employer 28 days' notice if you want to change the date. |
| How much are you entitled to?
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| Statutory paternity pay is paid at the same rate as Statutory Maternity Pay. You'll get £112.75 per week or 90% of your gross weekly earnings, whichever is lower.
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| What if I'm adopting a child?
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| You still have the right to take some time off work, providing:
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You've been employed for at least 26 weeks by the time you are matched with your child for adoption; |
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You're not taking adoption leave (if you are adopting with your partner, one of you may take adoption leave and one may take paternity leave); |
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You'll have responsibility for the child's upbringing; s |
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You've given your employer the correct notice to take paternity leave. |
| Are you entitled to paid statutory paternity leave?
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| To qualify for paternity pay and leave you must be an 'employee'. If you are a 'worker' you will not qualify for leave but may qualify for pay. If you are unsure if you are a 'worker' or an 'employee' read the article below.
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| You can take statutory paternity leave if you:
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Are an employee, with a contract of employment (most agency workers and sub contractors don't have the right to paid paternity leave) and |
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Are the biological father of the child, or are the mother's husband or partner (including a mother's partner in a same-sex relationship) and |
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Have been with your employer for at least 26 weeks by the end of the 15th week before the beginning of the week when the baby's due and |
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will be fully involved in the child's upbringing and are taking the time off to support the mother or care for the baby. |
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| And this leave is paid if you:
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earn at least the lower earnings limit (LEL) for National Insurance contributions. |
| If you earn less than the LEL, (currently £90 a week), you have the right to unpaid paternity leave if you meet the other conditions, and could get Income Support while on paternity leave.
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| What if you don't qualify?
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| If you don't qualify for paternity leave, your employer may be prepared to give you some time off, or you could take paid holiday.
How much paternity leave can you take? You can take either one or two weeks. You can't take odd days off, and if you take two weeks they must be taken together.
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| You can choose to start the leave:
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On the day the baby's born |
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A number of days or weeks after the baby's born |
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From a specific date after the first day of the week in which the baby's expected to be born |
| Your leave can start on any day of the week (but not before the baby is born), but has to finish within 56 days of the baby being born or, if the baby's born before the week it was due, within 56 days of the first day of that week. If your partner has a multiple birth, you're only allowed one period of paternity leave.
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| What happens if you lose your baby?
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| Provided you meet all the other conditions, you can still take paternity leave if your child is:
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stillborn after 24 weeks of pregnancy |
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born alive at any point of the pregnancy |
| How to tell your employer you want to take paternity leave
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| To qualify for leave, you must tell your employer in writing at least 15 weeks before the beginning of the week when the baby's due:
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when the baby is due |
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whether you want one or two weeks' leave |
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when you want the leave to start |
| A simple way to give notice is to fill in a 'self-certificate'. You can download Form SC3 'Becoming a parent', which works as a self-certificate.
You can change the date that the leave starts, as long as you give 28 days' notice.
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| What happens if you don't give the proper notice for statutory leave or pay?
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| If you can't give the full notice period to your employer for a valid reason (eg if the baby arrives early), you should still give as much notice as possible. You may still receive leave and pay if you meet the other conditions. If there is no valid reason (eg you simply forgot) you will lose your entitlement.
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| How much you'll be paid
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| If you take paternity leave, and meet the lower earnings limit (LEL), you'll be paid statutory paternity pay (SPP) during your leave. The amount of SPP is £117.18 or 90 per cent of your average weekly earnings if this is lower. You pay tax and National Insurance in the same way as on your regular wages. Your employer reclaims the majority of SPP from their National Insurance contributions. To qualify for SPP you must pay tax and national insurance as an employee. You must give your employer 28 days' notice of the date on which you want SPP to start.
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| Statutory Paternity Pay
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| When your wife, partner or civil partner gives birth or adopts a child, you may be able to get Statutory Paternity Pay (SPP) money that's paid by your employer to help you take time off work.
Who is eligible?
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| For you to qualify for Statutory Paternity Pay, all of the following must apply:
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you must be the biological father or adopter of the child or be the mother's (or adopter's) husband, partner or civil partner or have or expect to have responsibility for the child's upbringing |
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you must have continued to work for the same employer without a break for at least 26 weeks by the 15th week before the baby is due, or employed up to and including the week your wife, partner or civil partner was matched with a child |
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you must continue to work for that employer without a break up to the date the child is born or placed for adoption |
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you must be earning an average of at least £90 a week (before tax) |
| How much do you get?
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| If your average weekly earnings are £90 or more (before tax), Statutory Paternity Pay is paid for one or two consecutive weeks at £117.18 or 90 per cent of your average weekly earnings if this is less. How it's paid Your employer will pay Statutory Paternity Pay to you in the same way and at the same time as your normal wages. SPP is treated as normal pay and so they'll also deduct tax and National Insurance as usual.
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| How and when to claim
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| To claim Statutory Paternity Pay you must tell your employer when you intend to take leave by the 15th week before your baby is due, or within seven days of your wife, partner or civil partner being told by the adoption agency that they've been matched with a child. If you change your mind you must give 28 days' notice. Your employer might ask you for self-certificate form SC3 becoming a parent that confirms you're entitled to the pay.
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