Maternity and Family Leave: A Complete UK Guide

Maternity and family leave is the framework of statutory rights that lets UK employees take time off — paid or unpaid — to have, adopt and care for children. It covers maternity, paternity, adoption and shared parental leave, plus unpaid parental leave and the newer right to neonatal care leave. From 6 April 2026 the main statutory family pay rate rises to £194.32 per week, and the Employment Rights Act 2025 makes paternity leave and unpaid parental leave day-one rights, removing the old qualifying periods. For employers, getting these rights, the pay calculations and the redundancy protections right is both a legal duty and a major part of being a fair place to work.

This guide sets out each type of family leave, how much leave and pay employees are entitled to in the 2026/27 year, who qualifies, and the strengthened protection from redundancy that now applies during pregnancy and after family leave. It is written for UK employers and HR teams who need a clear, current picture, and for employees who want to understand what they are entitled to.

The family leave rights at a glance

The UK system is made up of several distinct rights, each with its own length, pay and eligibility rules. Employers can — and many do — offer enhanced contractual schemes that are more generous than the statutory minimum, but the statutory floor below sets out what every eligible employee is entitled to.

Maternity leave and pay

Eligible employees are entitled to up to 52 weeks of statutory maternity leave — 26 weeks’ ordinary and 26 weeks’ additional — and this is a day-one right with no minimum service. Statutory maternity pay is payable for up to 39 of those weeks: the first 6 weeks at 90% of average weekly earnings, then up to 33 weeks at the lower of the flat statutory rate or 90% of earnings.

Statutory maternity leave is 52 weeks, made up of 26 weeks’ “ordinary” maternity leave and 26 weeks’ “additional” maternity leave. The right to take the leave is a day-one right — it does not depend on length of service. An employee must take at least two weeks off after the birth (four if they work in a factory). Leave can usually start from 11 weeks before the expected week of childbirth, and will start automatically if the baby comes early or if the employee is off with a pregnancy-related illness in the last four weeks before the due date.

Statutory Maternity Pay (SMP) is payable for up to 39 weeks: the first six weeks at 90% of average weekly earnings, then the remaining 33 weeks at the lower of the statutory rate (£194.32 from 6 April 2026) or 90% of average weekly earnings. To qualify for SMP the employee must have at least 26 weeks’ continuous service by the end of the 15th week before the expected week of childbirth, and earn on average at least the lower earnings limit. Those who do not qualify for SMP may be able to claim Maternity Allowance from the state instead.

Paternity leave and pay

Statutory paternity leave is two weeks, which can be taken as a single block of one or two weeks within 52 weeks of the birth or adoption. A significant change took effect on 6 April 2026: paternity leave became a day-one right, with the old 26-week qualifying period removed. Statutory Paternity Pay, however, still requires 26 weeks’ continuous service by the relevant qualifying week and average earnings at least at the lower earnings limit, paid at the lower of £194.32 or 90% of average weekly earnings.

The same reforms removed a long-standing quirk: previously, an employee had to take paternity leave before any shared parental leave or lose it. From 6 April 2026 paternity leave and pay can be taken after shared parental leave, giving families more flexibility in how they sequence their time off.

Shared parental leave and pay

Shared Parental Leave (SPL) lets eligible parents share the leave and pay that would otherwise be available to the mother as maternity leave. By bringing maternity (or adoption) leave to an early end, a couple can convert the balance into shared leave: up to 50 weeks of leave and up to 37 weeks of pay can be split between them, taken in up to three separate blocks each, and even at the same time if they wish. Statutory Shared Parental Pay is paid at the lower of £194.32 or 90% of average weekly earnings.

SPL is powerful but procedurally fiddly — it depends on eligibility tests, notice requirements and “curtailment” of the maternity entitlement. Employers should have a clear policy and process so that requests are handled correctly and consistently, because errors in calculating entitlement or pay are a common source of disputes and grievances.

Adoption leave and pay

Adoption leave broadly mirrors maternity leave: up to 52 weeks’ leave and up to 39 weeks’ Statutory Adoption Pay — 90% of average weekly earnings for the first six weeks, then the lower of £194.32 or 90% of earnings. The right to adoption leave is a day-one right, while adoption pay requires the qualifying service and earnings. One member of an adopting couple takes adoption leave; the other may take paternity leave or, later, shared parental leave. The framework also covers some surrogacy and fostering-to-adopt arrangements.

Unpaid parental leave

Unpaid parental leave is a separate right allowing a parent to take up to 18 weeks’ unpaid leave per child to look after that child’s welfare, available until the child’s 18th birthday. It is normally limited to four weeks per child in any year and is usually taken in blocks of a week. From 6 April 2026 this became a day-one right: the previous requirement of one year’s continuous service was removed, so employees can use it from the start of employment. Because it is unpaid, it is often used alongside paid leave to extend the total time a parent can spend with a child.

Neonatal care leave and pay

Neonatal Care Leave is one of the newest family rights, in force since 6 April 2025. Where a baby is admitted to neonatal care, eligible parents can take up to 12 weeks of leave, in addition to maternity, paternity or other family leave, taken within 68 weeks of the birth. It is a day-one right. Neonatal care pay is available to those with the qualifying service and earnings, paid at the statutory rate of £194.32 (or 90% of earnings if lower). The right was designed to address a real gap: parents of very sick newborns previously had to use up their ordinary leave while their baby was in hospital.

2026/27 statutory pay rates

From 6 April 2026 the standard weekly rate for the main family payments rose by 3.8% to £194.32. The table summarises the position for the 2026/27 year.

“AWE” means average weekly earnings. Employers can usually reclaim most or all of statutory family pay from HMRC (small employers recover slightly more through Small Employers’ Relief), so the cash-flow impact is often less than it first appears. Always confirm the exact figures and recovery rates at GOV.UK, as the statutory rate is reviewed each April.

Redundancy protection during pregnancy and family leave

Since 6 April 2024, the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 have extended redundancy protection to cover the whole of pregnancy and a period of 18 months from the child’s birth or placement. Within that protected period, an employee at risk of redundancy must be offered any suitable alternative vacancy in priority to other candidates.

Employees on maternity, adoption or shared parental leave have long had a priority right: if their role is made redundant, they must be offered any suitable alternative vacancy ahead of other at-risk colleagues. Since 6 April 2024 this protection has been extended so that it also covers pregnancy and a period after the employee returns from leave. For maternity, the protected period now runs from when the employer is told of the pregnancy through to 18 months from the date of birth; equivalent protection applies to adoption and shared parental leave.

The newer neonatal care leave carries its own protection: an employee who takes six or more continuous weeks of neonatal care leave gains redundancy protection running until 18 months from the child’s birth. The practical effect is that, in a redundancy exercise, employers must identify which staff fall within these protected windows and give them first refusal on suitable vacancies — getting this wrong can turn an otherwise fair redundancy into an automatically unfair dismissal and a discrimination claim. Our guides to redundancy and unfair dismissal cover the wider process.

What changed in 2026

From 6 April 2026, the Employment Rights Act 2025 makes paternity leave and unpaid parental leave day-one rights, removing the previous qualifying-service requirements, and introduces a new bereaved partner’s paternity leave. Employers should check that their family-leave policies reflect these day-one entitlements.

The Employment Rights Act 2025 brought a package of family-friendly reforms, with the main changes taking effect from 6 April 2026:

• Paternity leave is now a day-one right — the 26-week qualifying period for the leave itself has gone (paternity pay still needs the service).
• Unpaid parental leave is now a day-one right — the previous one-year service requirement has been removed.
• Paternity leave can follow shared parental leave, ending the old “use it or lose it before SPL” rule.
• The statutory family pay rate rose to £194.32 a week.

Further reforms are still being developed. The Government has consulted on strengthening protection against dismissal for pregnant employees and new mothers — for example restricting dismissal for a period after they return from maternity leave — but those enhanced dismissal protections were not yet in force in 2026. Employers should keep policies under review and watch for the next wave of regulations.

What we see in practice

In our advisory work, family-leave disputes rarely turn on the headline entitlement and almost always on the edges: a redundancy process that forgets the enhanced protection now running for 18 months after birth, keeping-in-touch days mishandled, or a return-to-work request quietly refused. The most common pattern we see is an employer treating someone on leave as “out of sight” and making restructuring decisions without offering them suitable alternative roles first. Mapping who is currently within a protected period before any reorganisation prevents the great majority of these claims.

Common mistakes employers make

• Treating leave rights as service-dependent. Maternity, adoption, paternity and now unpaid parental leave are day-one rights — only the pay generally needs qualifying service.
• Miscalculating the 90% / statutory-rate split. The first six weeks of SMP and SAP are earnings-linked, not capped at the flat rate.
• Missing the extended redundancy protection. Forgetting that protection now covers pregnancy and up to 18 months after birth is a frequent and costly error.
• Mishandling shared parental leave notices. The eligibility and curtailment rules are technical; informal handling leads to disputes.
• Ignoring neonatal care leave. This newer right is easy to overlook but applies from day one.
• Failing to keep in touch properly. Poor communication during leave fuels grievances and discrimination claims.

Rights during and returning from leave

Family leave does not put the employment relationship on hold — a range of protections continue throughout. During maternity, adoption and shared parental leave, employees keep most of their contractual benefits (other than wages), continue to accrue statutory holiday, and remain protected from detriment or dismissal connected to their leave. Pension contributions continue on the employer’s side during paid leave. Employees can also work up to 10 “keeping in touch” (KIT) days during maternity or adoption leave — or up to 20 “SPLIT” days during shared parental leave — without bringing their leave or pay to an end, which helps them stay connected and ease the return.

The right to return is important and often misunderstood. After ordinary maternity leave (the first 26 weeks) an employee is generally entitled to return to the same job. After additional maternity leave, or where shared parental or longer adoption leave has been taken, they are entitled to return to the same job or, if that is not reasonably practicable, a suitable and appropriate alternative on no less favourable terms. Annual leave accrued during the leave can be carried over and taken on return, which is why many employees add holiday to the end of their leave to extend their time off.

Related rights: antenatal care and time off for dependants

Several connected rights sit alongside the headline leave entitlements. Pregnant employees have the right to paid time off for antenatal care, and an expectant father or partner has a right to unpaid time off to attend up to two antenatal appointments. Separately, all employees have the right to reasonable unpaid time off for dependants to deal with an emergency involving someone who depends on them — for example arranging care when a child falls ill unexpectedly. There is also a day-one right to one week of unpaid carer’s leave each year for employees with caring responsibilities for a dependant with a long-term need.

These rights are modest individually but matter a great deal in practice, and they interact with the broader duty not to discriminate. Refusing time off for antenatal care, or penalising an employee for taking emergency dependant leave, can give rise to claims well beyond the value of the leave itself.

Enhanced schemes and flexible working

Many employers offer enhanced (contractual) family pay — for example full pay for a number of weeks of maternity leave — to attract and retain staff. Where an enhanced scheme exists, employers should apply it consistently and be alert to discrimination risk: a common question is whether enhanced maternity pay must be matched by enhanced shared parental pay, an area that has generated litigation and where careful, up-to-date advice is sensible. Whatever the scheme, the statutory entitlements remain the floor it must sit on.

Family leave also connects closely with flexible working. The right to request flexible working is now a day-one right, and requests frequently follow a return from family leave — a parent seeking changed hours or remote working, for example. Handling those requests reasonably, within the statutory timescale and with proper consideration, is part of managing family leave well and avoiding grievances or discrimination claims on the way back to work.

Requesting family leave: notice and process

Each type of family leave has its own notice rules, and getting the administration right protects both sides. For maternity leave, an employee must normally tell their employer, by the end of the 15th week before the expected week of childbirth, that they are pregnant, the expected week of childbirth and when they intend to start their leave. The employer then has 28 days to confirm the leave end date in writing. An employee can change their leave start date by giving 28 days’ notice, and can usually bring the return forward or push it back by giving the required notice.

For paternity leave, notice of intention is generally given by the 15th week before the expected week of childbirth, with the timing of the leave confirmed closer to the date. Shared parental leave is the most procedurally demanding: it requires a curtailment notice to end maternity leave early, eligibility notices from both parents, and booking notices for each block of leave, each with its own minimum notice period. Unpaid parental leave usually requires 21 days’ notice, and an employer can in limited circumstances postpone it (but not maternity-related leave) where the business would be unduly disrupted.

For employers, the safest approach is a clear written family-leave policy that sets out the notice each right requires, the forms to use, and who handles requests — so that entitlements are calculated correctly, deadlines are met, and no employee is disadvantaged by an avoidable administrative slip. A well-run process is also the best evidence of fair treatment if a dispute ever arises.

If you do not qualify for statutory pay

Not everyone qualifies for Statutory Maternity Pay — for example those who have not built up 26 weeks’ service by the qualifying week, or whose earnings fall below the threshold, and the self-employed. Many of these parents can instead claim Maternity Allowance from the state, paid for up to 39 weeks, usually at the lower of the standard rate or 90% of average earnings. The self-employed who pay Class 2 National Insurance can qualify based on their trading activity. Maternity Allowance is claimed directly from the Department for Work and Pensions rather than through an employer, and the precise eligibility and amount should be checked at GOV.UK, as the rules and rates are updated periodically.

This article is for general information only and does not constitute legal or accountancy advice. Hayhills Limited, trading as Hayhills Legal Advisory, provides non-reserved legal advisory services. Figures are for the 2026/27 year; always check current rates and rules at GOV.UK.

Frequently asked questions

How much is statutory maternity pay in 2026/27?

Statutory Maternity Pay is 90% of average weekly earnings for the first 6 weeks, then the lower of £194.32 a week or 90% of earnings for the next 33 weeks, up to 39 weeks in total. The £194.32 rate applies from 6 April 2026.

How long is maternity leave in the UK?

Statutory maternity leave is up to 52 weeks — 26 weeks’ ordinary leave and 26 weeks’ additional leave. The right to take the leave is a day-one right and does not depend on length of service, though statutory maternity pay does.

Is paternity leave a day-one right?

Yes, from 6 April 2026 paternity leave became a day-one right, removing the old 26-week qualifying period. However, Statutory Paternity Pay still requires 26 weeks’ continuous service by the relevant qualifying week, so leave may be unpaid for very new employees.

What is the statutory family pay rate for 2026/27?

From 6 April 2026 the standard weekly rate for statutory maternity, paternity, adoption, shared parental, neonatal care and parental bereavement pay is £194.32, up from £187.18 — a 3.8% increase.

What is shared parental leave?

Shared Parental Leave lets eligible parents share up to 50 weeks of leave and up to 37 weeks of pay by ending the mother’s maternity leave early. It can be taken in blocks and even at the same time, subject to eligibility and notice rules.

What is neonatal care leave?

Neonatal Care Leave, in force since 6 April 2025, gives parents of a baby admitted to neonatal care up to 12 weeks of additional leave, on top of other family leave, taken within 68 weeks of birth. It is a day-one right, with pay subject to qualifying conditions.

How much unpaid parental leave can I take?

Up to 18 weeks of unpaid parental leave per child, until the child turns 18, usually capped at 4 weeks per child each year. From 6 April 2026 it is a day-one right, so the previous one-year service requirement no longer applies.

What redundancy protection applies during maternity leave?

Employees on maternity, adoption or shared parental leave must be offered any suitable alternative vacancy ahead of others. Since 6 April 2024 this protection extends through pregnancy and until 18 months from the date of birth, with similar cover for neonatal care leave.

Can an employer reclaim statutory family pay?

Yes. Employers can usually recover most or all statutory family pay from HMRC, and small employers recover slightly more through Small Employers’ Relief. The exact recovery rate should be confirmed at GOV.UK as it can change.

Do these rights apply to adoption?

Yes. Adoption leave mirrors maternity leave — up to 52 weeks’ leave and up to 39 weeks’ Statutory Adoption Pay. One member of an adopting couple takes adoption leave; the other can take paternity or shared parental leave.