Entitlement to Statutory Maternity Leave
Employees who have an employment contract, regardless of how long they have been employed by you will qualify for Statutory Maternity Leave provided that they give you the correct notice.
The correct notice is no later than 15 weeks before the baby is due, and the employee should tell you when their baby is due and when they wish to start their maternity leave.
Statutory Maternity Leave consists of 52 weeks broken down as follows:
2 weeks of mandatory maternity leave (4 weeks if your employee works in a factory)
24 further weeks of Ordinary Maternity Leave
26 weeks of Additional Maternity Leave
An employee can take as much or as little maternity leave as they choose.
When can Statutory Maternity Leave start?
Statutory Maternity Leave can start as early as 11 weeks before the baby is due or as late as the baby's due date.
Maternity leave can start any time between this period but may start:
4 weeks before the baby is due if your employee is off due to pregnancy-related illness.
The day after the baby is born if the baby arrives early.
When does Statutory Maternity Leave end?
An employee will usually indicate the day they expect to return to work. This can be any date after the mandatory maternity leave ends.
If the employee wants to change their return to work date, they should give 8 weeks' notice.
Otherwise, maternity leave will automatically end:
At the end of the Additional Maternity Leave period (after 52 weeks).
If your employee decides to leave the company (although the rules for Statutory Maternity Pay are different which is covered later in this article).
If your employee works more than 10 Keeping In Touch days.
Entitlement to Statutory Maternity Pay
Employees who qualify for Statutory Maternity Leave may not qualify for Statutory Maternity Pay.
To qualify for Statutory Maternity Pay an employee must:
Have been employed continuously by you for 26 weeks continuing into the 'Qualifying week'.
Give you notice no later than 15 weeks before the baby's due date.
Have NI'able earnings above the lower earnings level (£123 for the 2023-2024 tax year) per week in the 'Relevant Period'.
Provide proof of pregnancy which will either be a MATB1 certificate or a letter from a midwife/doctor.
For further information about maternity-related terminology, please refer to our Help Centre article. For further information about calculating the employee's statutory maternity pay entitlement, please refer to this Help Centre article.
When can Statutory Maternity Pay start?
Statutory Maternity Pay starts from the first day of Statutory Maternity Leave.
When does Statutory Maternity Pay end?
Statutory Maternity Pay finishes at the end of the 39th week, but can end earlier:
If your employee returns to work before the end of her Maternity Pay Period.
If your employee works more than 10 Keeping In Touch days
Keeping in touch days
Keeping in Touch (KIT) days give an employee the opportunity to attend work for up to 10 days to attend team meetings, training, or to do work.
KIT days are not compulsory and should be arranged between an employee and employer and a mutually suitable time.
If your employee attends work for more than 10 KIT days, their maternity leave and pay will come to an end. For further information about KIT days, please refer to our Help Centre article.