Statutory maternity leave is the legal entitlement that allows eligible employees to take up to 52 weeks off work when they have a baby.
What is statutory maternity leave?
Statutory maternity leave is the period of leave employees are legally entitled to take when they become pregnant or give birth. In the UK, it lasts up to 52 weeks and is made up of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.
During this time, employees keep important workplace rights, including the right to pay rises, protection against unfair treatment or redundancy, and continued holiday accrual. Employers must ensure these rights are upheld throughout the leave period, regardless of whether the employee receives statutory maternity pay, enhanced pay or no pay.
Things to know
- Employees can take up to 52 weeks of maternity leave
- Leave is split into Ordinary (first 26 weeks) and Additional (second 26 weeks)
- Rights to pay rises, redundancy protection and holiday accrual continue
- Employees must give notice before taking maternity leave
- Employers must keep records and ensure compliance with UK maternity legislation
FAQs
How long is statutory maternity leave?
Up to 52 weeks — 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.
Do employees continue to accrue holiday during maternity leave?
Yes. Statutory holiday entitlement continues to build up throughout the entire leave period.
Are employees protected from redundancy during maternity leave?
Yes. Employees on maternity leave have enhanced redundancy protection and must be offered suitable alternative roles if available.
Do pay rises apply during maternity leave?
Yes. Any pay rise awarded while an employee is on maternity leave must be reflected in their pay and entitlements.
Does an employee have to take the full 52 weeks?
No. They can return earlier but must give the required notice to their employer.
