Maternity Leave Entitlement UK

Maternity leave is a day-one right for all employees in the UK. Here's everything you need to know about your entitlement and your employer's obligations.

Basic Entitlement

All employees are entitled to:

• 52 weeks of maternity leave in total
• Split into 26 weeks Ordinary Maternity Leave (OML)
• Plus 26 weeks Additional Maternity Leave (AML)

This is a day-one right - there's no minimum length of service required.

Ordinary vs Additional Maternity Leave

	Ordinary (weeks 1-26)	Additional (weeks 27-52)
Right to return	Same job	Same job, or suitable alternative
Terms protected	Yes	Yes
Continuity	Counts for service	Counts for service
Holiday accrual	Yes	Yes

When Maternity Leave Can Start

Maternity leave can start:

• Earliest: 11 weeks before the expected week of childbirth
• Latest: The day the baby is born

Automatic Trigger

If you're off work for a pregnancy-related reason in the 4 weeks before your due date, your maternity leave automatically starts the next day.

Compulsory Maternity Leave

You must take at least:

• 2 weeks off after the birth (all employees)
• 4 weeks off if you work in a factory

This is a legal requirement and your employer cannot allow you to work during this period.

Notifying Your Employer

You must tell your employer:

• That you're pregnant
• Your expected week of childbirth
• When you want maternity leave to start

Deadline: By the end of the 15th week before your due date (or as soon as reasonably practicable).

Your employer must respond within 28 days, confirming when your leave ends.

Changing Your Start Date

You can change when maternity leave starts by giving your employer:

• 28 days' notice to bring it forward
• 28 days' notice to push it back

Your Rights During Maternity Leave

While on maternity leave, you're entitled to:

All Terms Except Pay

• Accrued holiday continues
• Pension contributions continue (for paid leave)
• Company car, phone, etc. usually continue
• Access to training and promotion opportunities

Protection from Redundancy

If your role is made redundant during maternity leave, you have the right to be offered any suitable alternative vacancy before other employees.

Protection from Dismissal

It's automatically unfair to dismiss someone:

• Because they're pregnant
• For a reason connected to pregnancy or maternity leave
• Selection for redundancy for pregnancy-related reasons

Keeping in Touch (KIT) Days

You can work up to 10 KIT days during maternity leave without ending your leave. These can be used for:

• Training
• Team meetings
• Handovers
• Conferences

KIT days are voluntary - your employer can't require you to work, and you can't insist on working.

Payment for KIT days is by agreement (often full day's pay, offset against SMP).

Returning to Work

After Ordinary Maternity Leave (26 weeks)

You're entitled to return to the same job on the same terms.

After Additional Maternity Leave (52 weeks)

You're entitled to return to the same job, or if that's not reasonably practicable, a suitable alternative on no less favourable terms.

Notice to Return Early

To return before the end of your maternity leave, give your employer 8 weeks' notice.

Not Returning

You don't have to return to work. Your maternity leave ends, and you can resign. However:

• Give your contractual notice
• Check if you have to repay enhanced maternity pay

Annual Leave and Maternity

You continue to accrue annual leave throughout maternity leave. Many people:

• Take accrued leave at the end of maternity leave
• "Extend" their leave this way
• Get paid for this period

Check your employer's policy on carrying over leave.

Fathers and Partners

Partners are entitled to:

• Paternity leave - 2 weeks (day-one right)
• Shared Parental Leave - if the mother ends maternity leave early
• Unpaid parental leave - 18 weeks per child (after 1 year's service)