Maternity leave and maternity pay

Laura Merrylees Editor's message: With women constituting around half of the UK workforce, and the majority becoming pregnant at some point during their working life, most employers will need to manage employees through the transition from pregnancy to maternity leave, and then back to work, on a regular basis.

Regardless of length of service, all pregnant employees are entitled to a year's statutory maternity leave. However, entitlement to statutory maternity pay is limited to those with at least 26 weeks' service into the qualifying week and average weekly earnings of at least the lower earnings limit for national insurance purposes. Statutory maternity pay is payable for 39 weeks - six weeks at 90% of the employee's average earnings, followed by the remainder at a lower flat rate. However, many organisations choose to offer enhanced maternity pay above the statutory minimum, viewing this as a key way of improving the maternity experience for employees, and ensuring that the organisation retains their skills and experience in the longer term.

Laura Merrylees, employment law editor

New and updated

What should an employer do if an employee gives birth without giving the required notice for taking maternity leave?

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FAQs
Letter offering a suitable alternative vacancy to an employee who is made redundant while on maternity leave

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Policies and documents

Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018, on this document.
How to manage an employee who is absent due to sickness during pregnancy

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How to

Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
Maternity leave

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Employment law manual

Updated to include information on Really Easy Car Credit Ltd v Thompson, in which the EAT considered whether or not a dismissal was automatically unfair if the employer did not reconsider its decision on discovery of the employee's pregnancy.
Maternity policy

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Policies and documents

Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
Letter responding to an employee who has notified her intention to take maternity leave

Type:

Policies and documents

Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
Form for an employee to notify that she is absent from work in the four weeks before her expected week of childbirth wholly or partly because of pregnancy

Type:

Policies and documents

Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018, on this document.
Form for an employee to notify the employer of an early birth where her maternity leave has been triggered by the birth

Type:

Policies and documents

Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018, on this document.
Letter responding to an employee's request to return from maternity leave on a part-time basis

Type:

Policies and documents

Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
Form for notification of an employee's intention to take maternity leave (and statutory maternity pay)

Type:

Policies and documents

Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.

About this topic

HR and legal information and guidance relating to maternity leave and maternity pay.