What is maternity leave and pay?

As an employer in the UK, it’s essential to stay fully compliant with maternity-leave and pay obligations not just to avoid legal risk, but to support your employees effectively and retain talent. Our guide outlines your core responsibilities, the latest statutory pay rates, recent legal changes (including the new neonatal care leave) across the UK.

Key Rights of Expectant Employees

When an employee notifies pregnancy, you must heed certain obligations. Some of the key rights include:

• The employee must inform you of her pregnancy and expected week of childbirth (EWC).

• They are entitled to up to 52 weeks’ maternity leave (typically 26 weeks Ordinary Maternity Leave (OML) + 26 weeks Additional Maternity Leave (AML)).

• They are entitled to paid time off for antenatal appointments.

• On return from leave:

If returning during OML (first 26 weeks) they have the right to the same job.

If returning after OML (i.e., during AML) they have the right to an equivalent job (same or similar) with the same or better terms only of it is not reasonably practicable to return to the same job..

• You must treat pregnancy, maternity leave or related rights consistently with anti-discrimination law.

Types of maternity leave

Here’s a breakdown of the different leave types:

The length and type of maternity leave will vary between individuals. It helps to keep an open dialogue with your employee, since their plans may change throughout the course of the maternity leave period. The employee has the right to change their return date by giving eight weeks’ written notice.

Maternity Pay Explained

There are three main types of pay that an employee can receive during their maternity leave: Statutory Maternity Pay, Occupational Maternity Pay and Maternity Allowance.

Statutory Maternity Pay (SMP)

• SMP is payable for up to 39 weeks.

• The first 6 weeks are paid at 90% of average weekly earnings (AWE) (with no upper cap).

• For the remaining 33 weeks, the standard rate from 6 April 2025 is £187.18 per week (or 90% of AWE if that is lower).

• To qualify: The employee must have been employed for at least 26 weeks (continuously) by the end of the ‘qualifying week’ (the 15th week before the EWC) and earn at least the earnings threshold (for SMP this threshold currently sits at £125 per week) etc.

See the official detailed calculation guidance.

• Employers must pay SMP as part of payroll (or via PAYE) and can reclaim some or all from HMRC (depending on size of employer and other factors).

It's important to note that SMP rates change every year. Typically being updated every April. To keep up to date be sure to check in with updates from the government and to review employment law changes.

Occupational Maternity Pay (OMP)

If your organisation offers more generous maternity pay than the statutory minimum (e.g., full pay for X weeks or top-up), this is often termed Occupational or Company Maternity Pay. Ensure your policy clearly states eligibility criteria, how top-ups interact with SMP, and duration/what happens if employee leaves early.

Maternity Allowance

Maternity Allowance is a state benefit paid to women who do not qualify for SMP. To qualify, they should have been employed for at least 26 weeks out of the 66 weeks preceding the EWC.

Employer tip: Because SMP/MA rates and thresholds change annually, set a review date in your payroll policy (e.g., “Rates updated for tax year 2025-26”).

Planning Maternity Cover & Return to Work

Planning maternity cover is good for business continuity. You can recruit on a temporary or contract basis to cover some, or all, of the absent employee’s responsibilities. Remember the employee on maternity has the right to resume their job after maternity leave.

Preparing for the employee’s leave

• Meet with the employee as early as possible (once pregnancy and intention to take leave is notified) to agree leave start date, hand-over plan, responsibilities, and communication arrangements.

• Determine if you will recruit temporary/contract cover, how you’ll restructure workload, and timeline for return.

• Confirm notice requirements (employee may change her mind: they must give eight weeks’ notice in writing if they want to return earlier than her ‘intended’ return date).

• Document the plan and keep it in the employee’s file.

Keeping in touch (KIT)

• Up to 10 KIT days may be agreed during the maternity leave without terminating SMP (or other leave pay) entitlement.

• These days can be used for training, briefings, meetings, or keeping in touch with team changes.

• Agree KIT days in writing (which days, purpose, pay rate).

• Using KIT days effectively helps the employee stay connected and eases return.

• The KIT days must be mutually agreed by both the employee and the employer

Return to work

• Before the employee returns, hold a return-to-work meeting to confirm: start date, role, changes to job/structure, holiday entitlement (accrual during leave), flexible-working wishes, and any risk assessment (especially post-pregnancy if applicable).

• Ensure the employee returns to the same job (if within OML) or an equivalent job (if during AML) with no less favourable terms.

• Update your payroll system, benefits setup and internal communications.

• Keep the door open for discussion of flexible working where warranted — this helps with retention and morale.

Recent Legal & Case-Law Updates (2024-25)

Introduction of neonatal care leave & pay

From 6 April 2025 the new statutory entitlement under Neonatal Care (Leave and Pay) Act 2023 comes into force. This provides eligible parents of babies requiring neonatal care with up to 12 weeks’ leave (and, if eligible, pay) on top of other family-leave entitlements.

Key features:

• Applies where the baby is born on or after 6 April 2025.

• The baby must receive neonatal care (e.g., hospital or under consultant supervision) for at least 7 consecutive days beginning within 28 days of birth.

• Each week of neonatal care entitles the parent to one week of leave (up to max 12 weeks) and the leave must be taken within 68 weeks of the child’s birth.

• The entitlement is a day-one right (i.e., from first day of employment) for eligible parents.

• Employers must update their family-leave policies and payroll as required.

Statutory pay rate increases

From 6 April 2025, the weekly rate for SMP (for the portion after first 6 weeks), statutory paternity pay, shared parental pay, adoption leave pay and parental bereavement pay rises to £187.18.
Also, other related statutory payments such as Statutory Sick Pay (SSP) increased (to £118.75 per week) from 6 April 2025.

Case-Law & Enforcement Trends

Recent tribunal decisions underscore that employers must proactively manage maternity, pregnancy and associated leave rights not just in policy, but in practice. This case demonstrates how omissions in communication, pay processing or role assurances can lead to liability.

Recent Example: Ms M Ginter v Bridge of Weir Care Home Ltd (4105678/2023)

In this decision, the claimant commenced employment as a receptionist/administrator on 1 May 2022. She took maternity leave, expected a role back, but the employer underwent a management change and failed to sufficiently engage with her during her leave.
Key findings:

• The new manager did not contact the employee during her leave; she also reported not receiving payslips or a P60 when requested.

• The tribunal found these failures amounted to a fundamental breach of contract (an implied term of trust and confidence) and concluded the claimant was constructively dismissed.

• Further, the tribunal found the employer had treated the claimant unfavourably (by neglecting communication and pay documentation) which constituted indirect discrimination related to her pregnancy/maternity leave.

• The case serves as a caution: even if formal maternity pay or leave entitlements are met, how an employer handles leave-period communications, role clarity, payslip/documentation and return-to-work planning can trigger legal risk.

Employer takeaways:

• Regularly review your internal processes to ensure employees on maternity leave remain visible — this includes updating them on manager changes, payslip/P60 provision, and return-to-work discussions.

• Don’t assume “silent period” during leave is acceptable; a lapse in keeping in touch, or failure to send fundamental payroll documents, could be treated as unfavourable or discriminatory.

• Ensure your role-advertising/backfill practices do not implicitly exclude returners from their role or its equivalent — the tribunal noted that the employer had advertised the claimant’s role for 12-month contracts while she was on leave, raising questions of intent.

• Document everything: manager changes, communications sent, responses, payslip issuance, contact attempts. Lack of records weakens the employer’s position.

• Training for line-managers and HR is vital: employers must treat maternity-leave employees in line with contractual and statutory obligations, and failure to engage or communicate is more than just “poor practice” — it can lead to formal liability.

Get advice from employment law experts on maternity leave and pay

Issues regarding maternity leave and pay often arise in small businesses. To ensure your business stays compliant with current employment laws, be sure to access expert advice from trusted HR advisors.

At BrightHR our expert advice line is open 24/7 to provide you the support you need. The team can help answer any of your questions and even support you in getting a maternity leave policy in place for staff.