A plain-English guide to maternity leave, Statutory Maternity Pay, holiday accrual, notice and the checks that matter most before relying on an employer figure.
Employees can usually take up to 52 weeks of Statutory Maternity Leave. SMP can be paid for up to 39 weeks if the qualifying conditions are met, and holiday still builds up during maternity leave.
Statutory Maternity Leave is available to employees who give the correct notice. It does not depend on length of service, hours worked, or earnings in the same way SMP does.
Employment rights continue during maternity leave. That includes holiday accrual and the right to return to work.
SMP is paid for up to 39 weeks. The first 6 weeks are usually paid at 90% of average weekly earnings. The next 33 weeks are paid at the statutory weekly rate or 90% of average weekly earnings, whichever is lower.
Make sure the expected week of childbirth, notice date and proposed start date for leave are all recorded correctly.
If your employer says you do not qualify for SMP, check the earnings figure and the relevant calculation period used.
Holiday still builds up during maternity leave, so it can affect what is taken before or after leave and what is owed on leaving.
