Maternity leave

Leave can last up to 52 weeks

Maternity leave can last for 52 weeks: 26 weeks of Ordinary Maternity Leave followed by 26 weeks of Additional Maternity Leave. It is available regardless of the employee's length of service, hours or pay. This is a right to leave, not proof that the employee qualifies for Statutory Maternity Pay.

The employee must take at least two weeks after the birth, or four weeks if they work in a factory. Leave can normally start no earlier than 11 weeks before the expected week of childbirth. It starts automatically after an early birth, or after a pregnancy-related absence in the final four weeks before the expected week. The GOV.UK leave guidance explains these start rules.

Set the dates and notice early

The employee should normally tell you the expected week of childbirth and intended start date at least 15 weeks before the due week. You must confirm the leave dates within 28 days. An employee who wants to change their return date normally gives eight weeks' notice.

The rules also protect leave after a stillbirth from the start of the 24th week of pregnancy and after a live birth at any stage. Check the employer guide when timing changes unexpectedly.

Keep leave, pay and return plans separate

Annual leave continues to build up, and contractual rights other than ordinary wages continue during maternity leave. Pay may come from statutory or enhanced contractual maternity pay. Do not make a return-to-work decision part of the leave request.

A surrogate who gives birth uses maternity leave. An intended parent may qualify for adoption leave instead. Confirm the correct route before setting dates, then discuss contact and return plans without assuming how much leave the employee will take.