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Maternity Pay and Leave Guide

A short practical guide to Statutory Maternity Pay, maternity leave, the qualifying week, and when Maternity Allowance may be the right next check instead.

This page is designed to support a calculator or comparison page, not replace personalised advice on disputed facts.

Fast route: use this guide when you need the rule context behind the calculator result. If you mainly need to know which family-rights route fits, use the family comparison page first.

Reviewed status

Last reviewed: 28 March 2026

Current build status: Batch 12 new family-rights guide

Main practical points

  • Statutory Maternity Leave is 52 weeks in total.
  • SMP can be paid for up to 39 weeks.
  • The first 6 weeks of SMP are 90% of average weekly earnings.
  • If SMP is not available, Maternity Allowance may still be worth checking.
Leave

How much leave can be taken

GOV.UK says Statutory Maternity Leave is 52 weeks in total: 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. A worker does not have to take all 52 weeks, but must take at least 2 weeks after the baby is born, or 4 weeks if they work in a factory.

Pay

How the pay structure works

GOV.UK says SMP is paid for up to 39 weeks. The first 6 weeks are 90% of average weekly earnings. The remaining 33 weeks are paid at the statutory weekly rate or 90% of average weekly earnings, whichever is lower.

Eligibility

Why the qualifying week matters

GOV.UK says a worker usually needs to have worked continuously for the employer for at least 26 weeks continuing into the qualifying week, which is the 15th week before the expected week of childbirth. There are also earnings, notice, and proof requirements.

If SMP does not fit

The Maternity Allowance route

GOV.UK says Maternity Allowance may be available if someone has been employed or self-employed in the 66 weeks before the baby is due and does not qualify for SMP. That makes it the most useful next check when the calculator suggests SMP may not fit.

Official sources used

Source and review block

GOV.UK: Maternity pay and leave eligibility

Used for continuity into the qualifying week, earnings threshold, and notice/proof requirements.

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GOV.UK: Maternity pay and leave pay

Used for the SMP structure and the 39-week payment period.

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GOV.UK: Maternity pay and leave leave

Used for the 52-week leave structure and minimum post-birth leave requirement.

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GOV.UK: Maternity Allowance eligibility

Used for the practical next-step route if SMP is not available.

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