Maternity, Paternity, and Shared Parental Leave: What the Law Says in the UK

The UK has established legal protections and entitlements for parents to take time off work following the birth or adoption of a child. These provisions help ensure job security, financial support, and work-life balance for families. The key types of leave available are maternity leave, paternity leave, and shared parental leave (SPL). Below, we break down what each type of leave entails and what employees and employers need to know.

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1. Maternity Leave in the UK

Maternity leave is a legal entitlement designed to allow new mothers time to recover from childbirth and bond with their baby.

Who is Eligible?

All employees—regardless of their length of service—are entitled to 52 weeks of maternity leave, which is divided into:

• Ordinary Maternity Leave (OML): The first 26 weeks

• Additional Maternity Leave (AML): The following 26 weeks

Employees must provide their employer with at least 15 weeks’ notice before the baby’s due date.

Compulsory Maternity Leave

By law, new mothers must take at least two weeks off after giving birth (four weeks for factory workers).

Statutory Maternity Pay (SMP)

Employees who have worked for their employer for at least 26 weeks before the 15th week before the due date and who earn at least £123 per week (as of 2024) qualify for Statutory Maternity Pay (SMP).

SMP is paid for 39 weeks:

• First 6 weeks: 90% of the employee’s average weekly earnings

• Next 33 weeks: The lower of £172.48 per week (2024 rate) or 90% of earnings

• Final 13 weeks: Unpaid (unless employer offers additional pay)

Rights During Maternity Leave

Employees on maternity leave:

• Are entitled to return to their job (or an equivalent role if they take AML).

• Continue to accrue annual leave.

• Are protected from discrimination and dismissal due to pregnancy or maternity leave.

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2. Paternity Leave in the UK

Paternity leave allows eligible fathers and partners to take time off to support the mother and bond with the child.

Who is Eligible?

To qualify for Statutory Paternity Leave, employees must:

• Be an employee (not a worker or self-employed).

• Have worked for their employer for at least 26 weeks before the 15th week before the due date.

• Be taking time off to care for the child or support the mother/adopter.

Paternity leave can be taken as one or two consecutive weeks (not split over time). It must be taken within 56 days of the birth or adoption.

Statutory Paternity Pay (SPP)

Eligible employees receive either:

• £172.48 per week (2024 rate) or

• 90% of their average weekly earnings (whichever is lower).

Additional Paternity Leave

Although additional paternity leave no longer exists, parents may share leave under Shared Parental Leave (SPL), which is discussed below.

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3. Shared Parental Leave (SPL) in the UK

Shared Parental Leave (SPL) allows parents to share up to 50 weeks of leave and 37 weeks of payafter the birth or adoption of a child. It provides flexibility, allowing parents to take leave at the same time or separately.

Who is Eligible?

Both parents must:

• Be employees.

• Share responsibility for the child.

• Meet the continuity of employment test (at least 26 weeks’ employment before the 15th week before the due date).

• Earn at least £123 per week (2024 threshold).

How Does SPL Work?

After the mother takes the first two weeks (or four for factory workers) of compulsory maternity leave, parents can choose to convert the remaining 50 weeks into SPL. They can then:

• Take leave at the same time or separately.

• Take blocks of leave rather than one continuous period.

• Take up to three separate leave periods each (unless the employer allows more).

Statutory Shared Parental Pay (ShPP)

Eligible parents can claim 37 weeks of ShPP, paid at:

• £172.48 per week (2024 rate) or

• 90% of their average earnings, whichever is lower.

If both parents qualify for SPL, they can split the paid weeks however they choose.

Rights During SPL

Employees on SPL:

• Have the right to return to the same job (or an equivalent role if they take over 26 weeks of leave).

• Are protected from discrimination.

• Can work up to 20 “Shared Parental Leave in Touch” (SPLIT) days without ending their leave.

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4. Employer Responsibilities & Best Practices

Employers must:

• Inform employees of their rights and ensure compliance with the law.

• Process pay correctly for maternity, paternity, and shared parental leave.

• Avoid discrimination—it is unlawful to treat an employee unfairly due to pregnancy, maternity leave, or shared leave.

• Consider flexible working requests after parental leave.

Enhanced Parental Leave

Some employers offer enhanced maternity, paternity, or shared parental pay, which goes beyond the statutory minimum. While not required by law, enhanced benefits can help attract and retain employees.

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5. Conclusion

The UK provides robust legal protections for parents, ensuring they can take time off to bond with their child while maintaining job security. Maternity leave offers up to 52 weeks, while paternity leave provides up to two weeks. Shared Parental Leave (SPL) enables flexibility, allowing parents to split leave and pay.

Employers must comply with these laws while fostering a supportive work environment. Understanding these rights ensures fair treatment for employees and legal compliance for businesses.