Expecting a baby brings joy, preparation and a long list of practical questions. High on that list is money. For many families, the first few months after a birth mean one or both parents are away from work, and the household has to manage on statutory pay, enhanced employer pay, benefits or a mix of all three. Knowing what you are entitled to, and what you must do to secure it, can prevent costly mistakes.
This guide sets out how Statutory Maternity Pay and Statutory Paternity Pay work in the UK, who qualifies, how the amounts are worked out, which notices and documents you need, and what to do if something goes wrong. Weekly rates and some thresholds are updated each April, so the guide explains the mechanism and points you to GOV.UK for the current figures rather than quoting numbers that may have moved on.
Reviewing Who Qualifies for Statutory Maternity Pay
Statutory Maternity Pay, usually shortened to SMP, is paid by your employer for up to 39 weeks. It is separate from maternity leave, which is your right to time off, although in practice the two are closely linked. You can be entitled to leave without qualifying for pay, so check both. To qualify for SMP you must normally meet each of the following conditions:
- Employee status: you must be classed as an employee for payroll purposes. Many agency workers and people on zero-hours arrangements can qualify, depending on how they are treated for tax, so ask your payroll team or check GOV.UK.
- Length of service: you must have worked for the same employer continuously for at least 26 weeks up to and including the qualifying week, which is the 15th week before the week your baby is due.
- Earnings level: your average weekly earnings in the eight weeks up to the qualifying week must be at or above the lower earnings limit for National Insurance, a figure that changes each tax year.
- Notice given: you must tell your employer in good time, as covered later in this guide, and provide proof of your pregnancy.
- Still pregnant or recently given birth: pay is tied to the birth or the stage of pregnancy, so your dates matter.
Some points catch people out. The 26-week test looks back from the qualifying week, not from the date the baby arrives, so starting a new job in early pregnancy may leave you short. Equally, you do not have to still be working in the qualifying week for every purpose, but you do need to have been employed in it. If you leave your job or are dismissed after the qualifying week, you may still be entitled, so do not assume the right ends automatically.
If you do not qualify for SMP, you may be able to claim Maternity Allowance instead. This is a payment from the government, claimed through Jobcentre Plus rather than your employer. It is often relevant to self-employed people, those who have changed jobs recently and some people whose earnings were too low for SMP. The conditions focus on how much you worked, as an employee or self-employed person, during a set period before the birth, and on your earnings in that period. Check the current test on GOV.UK and apply as early as you are permitted, because the claim is not automatic.
Maternity leave itself is a statutory right for all employees, regardless of length of service. It lasts up to 52 weeks, and two weeks after the birth are compulsory. The right to return to your job, and protection from unfair treatment because of pregnancy or maternity, applies even if you do not qualify for pay.
Calculating How Much You Will Receive
SMP follows a set pattern over 39 weeks. For the first six weeks, it is paid at 90 per cent of your average weekly earnings, with no upper cap. For the remaining 33 weeks, it is paid at the lower of two figures: the standard weekly rate set by the government each April, or 90 per cent of your average weekly earnings. That means anyone earning above a modest level will see a notable drop after the first six weeks.
Your average weekly earnings are worked out using the pay you received in the eight weeks up to and including the qualifying week, or a different period for monthly paid staff. Payroll normally includes regular pay such as salary, overtime and many bonuses that are paid through payroll. It generally does not include pay that was not subject to tax and National Insurance. If your pay changed because of a rise, your employer may need to recalculate. In general, a pay rise that takes effect between the start of the eight-week period and the end of your maternity leave can affect the calculation, so ask your employer to confirm how they have treated it.
Tax and National Insurance are deducted from SMP in the same way as from wages, and student loan repayments and pension contributions may also apply. Your payslip should show it clearly. SMP is paid on your normal payday unless you agree otherwise. Consider a worked example in words. A parent earns a steady salary, so their weekly average comes to a certain figure. For six weeks they receive nine-tenths of it. In week seven, the payment drops to whichever is lower: the standard weekly rate or nine-tenths of their average.
If their earnings are high, the standard rate will be the lower number, and that is what they receive for 33 weeks. If their earnings are low, nine-tenths of their wage will be below the standard rate, so they receive that smaller amount instead. In either case, the last 13 weeks of leave, up to the 52-week maximum, are unpaid unless the employer offers more.
Many employers provide enhanced maternity pay as part of their own scheme, which can be much more generous. If so, it will be set out in your employment terms or staff handbook. Read the conditions carefully, because some schemes require you to return to work for a set time or repay part of the enhancement if you do not. Statutory pay itself, by contrast, is a legal entitlement and is not normally repayable if you decide not to return, though you should check the specifics of your situation with ACAS or GOV.UK. Employers can usually reclaim most of the SMP they pay through their payroll deductions, with small employers able to recover more.
Timing Your Notice and Your Leave Dates
Maternity rights are triggered by notice, and the dates matter. Missing a deadline does not always forfeit your right, but it can cause delay and argument, so aim to give notice early and in writing. The usual sequence looks like this:
- By the end of the qualifying week, which is the 15th week before the week the baby is due, tell your employer you are pregnant, the expected week of childbirth, and when you want your maternity leave to start.
- Provide evidence of the pregnancy, normally the MATB1 certificate, which a midwife or doctor can give you from around 20 weeks.
- Give at least 28 days’ notice before you want SMP to begin, or as soon as reasonably practical if that is not possible.
- Expect your employer to reply in writing within 28 days of your notice, confirming your leave start and end dates.
- If you wish to change your dates, give at least 28 days’ notice of the new date, unless that is not reasonably practical.
You can choose to start maternity leave at any point from 11 weeks before the expected week of childbirth. If your baby arrives early, leave and pay normally start the day after the birth. If you are off work for a pregnancy-related reason in the four weeks before the due week, leave and pay can start automatically, which is worth knowing if complications arise.
Leave must start no later than the day after the birth, and two weeks of leave after the birth are compulsory. Keep this in mind if you hope to work late into pregnancy. Many people prefer to save leave for after the birth, but pregnancy-related sickness can interfere with that plan.
You can stay in touch with work during leave. Up to ten keeping-in-touch days are allowed, which can be used for training, meetings or short working periods, and working one of them does not end your leave or your pay. These days must be agreed by both sides, and you cannot be forced to take them. Check how you will be paid for them, since pay is separate from SMP.
Holiday entitlement continues to build up during maternity leave, so it is sensible to plan how you will take any outstanding leave before or after your absence. Pension contributions from the employer may also continue, depending on the scheme, so ask HR what applies. Partners should note that paternity leave has its own notice rules, covered in a later section. Do not wait until the final weeks to raise the topic. A quick conversation with your manager in the second trimester usually avoids stress later.
Gathering the Evidence and Paperwork
Little of the process is complicated, but it does depend on paper, or at least digital copies. Having everything in order ensures you are paid on time, and gives you a record if a dispute arises. Collect and keep the following items:
- MATB1 certificate: this is the standard proof of pregnancy for SMP and Maternity Allowance. Your midwife or doctor issues it, usually from around 20 weeks. Keep the original safe, and ask your employer to confirm in writing that they have received it.
- Written notice: send your notification by email or letter, and keep a dated copy. If you hand it over in person, ask for a signed acknowledgement.
- Payslips: keep recent payslips covering the period used to calculate your average earnings. They help if there is a query over the figures.
- Employer replies: save all letters or emails confirming leave dates, pay amounts and any terms of the employer’s own enhanced pay scheme.
- Form SMP1 (if refused): if your employer decides you are not entitled to SMP, they should give you this form promptly with their reasons, which you may need for a Maternity Allowance claim.
Partners should keep the same sort of records. Your employer may ask you to complete a self-certificate, such as the form commonly used for paternity leave and pay, confirming your relationship to the child and your intended leave dates. For adoption, the paperwork is different and includes evidence from the adoption agency.
If you are applying for Maternity Allowance, you will need extra proof of your work or self-employment, such as payslips, invoices or accounts, plus the MATB1. Prepare these early, because delays in posting or collecting them can slow the claim.
Store copies in a folder you can access easily, and note the dates when you sent each item and to whom. If a manager changes or HR staff leave, that record can be invaluable. After any conversation in which something was agreed, such as informal changes to start dates, send a short email confirming what was said.
Submitting Your Notification to Your Employer
Notice does not need to follow a rigid legal format, but it should be clear and in writing. Employers often provide their own form, so ask HR or look in the staff handbook before drafting your own. If there is no form, a short email or letter is enough. A good notification includes these details: that you are pregnant, the date your baby is due or the expected week of childbirth, the date you would like your maternity leave to start, and that you wish to claim SMP. Attach or offer the MATB1 when you have it.
After you submit it, the employer should respond. If you do not receive confirmation within a reasonable time, send a polite reminder, referring to the date of the original email. The 28-day response period starts from the date of your notification, so noting that date is helpful.
If you plan to use shared parental leave, that requires separate notice and different forms. The notice covers your intended leave pattern, and your partner has to give notice to their employer as well. It also has its own deadlines, often at least eight weeks before leave begins, so check GOV.UK to confirm the current rules.
For paternity leave and pay, the notification for the birth of a child should include the expected week of childbirth, whether you want one week or two weeks, and the start date for each period of leave. Since changes introduced in April 2024, eligible fathers and partners can generally take the two weeks as separate one-week blocks rather than a single block, and can take them at any time in the first year after the birth. Notice is typically needed at least 28 days before the leave begins. Check the detail before you rely on it, as the rules have been updated recently and may change again.
If you are not sure whether you must give notice by a set date, err on the side of earlier notification. Employers are rarely troubled by early notice, but late notice can cause avoidable difficulty. Pregnant employees also have the right to reasonable paid time off for antenatal appointments, and partners have a right to unpaid time off to attend up to two antenatal appointments. Ask your employer about their process, and give as much warning as you can.
Claiming Statutory Paternity Pay and Shared Parental Options
Statutory Paternity Pay, or SPP, is paid for up to two weeks to an employee who is the baby’s father or the mother’s partner and who will be responsible for the child’s upbringing. That includes same-sex partners and, in some cases, the partner of someone who is adopting.
Eligibility is broadly similar to SMP: continuous employment with the same employer up to the qualifying week, and average weekly earnings at or above the lower earnings limit. The right to take ordinary paternity leave applies from the first day of employment, but the right to pay needs the service and earnings tests to be met.
SPP is paid at the lower of the standard weekly rate or 90 per cent of average weekly earnings. As with SMP, tax and National Insurance are deducted. Some employers top up the pay, so check your contract and staff handbook. Here are the main routes to know about:
- Ordinary paternity leave and pay: up to two weeks, taken within a year of the birth, with the option of two separate one-week periods. This is the simplest and most commonly used entitlement.
- Shared parental leave and pay: allows parents to split up to 50 weeks of leave and up to 37 weeks of statutory pay between them, in blocks, if both meet the conditions. It requires careful planning and separate notice from each parent.
- Statutory adoption pay and leave: available to employees adopting a child, with rules that mirror maternity pay in many respects. The paperwork comes from the adoption agency.
- Neonatal care leave and pay: a newer entitlement for parents whose baby needs neonatal care. Eligibility conditions and the length of leave are set by regulations, so look at GOV.UK for the current criteria.
- Unpaid parental leave: employees with a year’s service can take unpaid time off to care for a child, within limits, which can fill gaps later on.
Shared parental leave is flexible but demanding. Both parents must usually meet the eligibility conditions, the mother has to reduce her maternity leave or pay in some way, and notice must be given within a set period. If either parent’s employer disputes the application, you will want evidence of your notices and replies. Before committing, use the GOV.UK planner to model different combinations and compare what each gives you in pay and leave.
For many families, the right combination depends on earnings, employer top-ups and childcare plans. A parent whose employer offers a generous enhanced scheme may prefer to take the larger share of leave. Another family may decide that the lower earner takes more time off. There is no single right pattern, and the key is to run the numbers with real figures before deciding.
Budgeting Through the Months of Reduced Income
Statutory pay is lower than normal wages for most people, and there is usually a gap before the first payment arrives. Planning ahead makes the transition easier and avoids unnecessary borrowing.
Begin by listing your regular outgoings: rent or mortgage, council tax, utilities, food, transport, insurance, phone and any debt repayments. Add predictable baby costs such as nappies, clothes and feeding supplies.
Then list your expected income during leave, including SMP or Maternity Allowance, any employer top-up, a partner’s earnings and any benefits. Compare the two lists month by month, noting the point at which statutory pay drops after the first six weeks. A few practical steps help:
- Build a buffer: if you have time, put aside a modest amount each month before leave begins to cover the early weeks, when the first payment may be delayed or processed differently.
- Check benefits: you may qualify for Universal Credit, Child Benefit or other help, and SMP counts as income when calculating some of them. Use a benefits calculator from a source such as Citizens Advice or GOV.UK to estimate your position.
- Claim Child Benefit promptly: it can be backdated for a limited period, but delay can cost you. If household income is above a threshold, the High Income Child Benefit Charge may apply, so check your position with HMRC.
- Review bills and contracts: contact lenders, landlords and utility firms early if you expect difficulty. Many have hardship schemes, and they respond better to early contact than to arrears.
- Look at childcare costs: if you plan to return to work, explore the support available for childcare, including Tax-Free Childcare and funded hours, as eligibility depends on your age, income and children’s ages.
Think also about the end of leave. Decide whether you will go back full time, reduce your hours or leave the job. Employees have a right to request flexible working, which an employer can refuse only for specified business reasons, and the qualifying rules have been changing, so check GOV.UK. Raise the matter well before your return date so that both sides have time to plan.
If money is tight, contact free debt advice services such as StepChange, Citizens Advice or MoneyHelper. They are impartial and can help you negotiate with creditors. Early contact with lenders is nearly always better than silence.
Resolving Problems With Payments
Most claims proceed without difficulty, but sometimes things go wrong. Pay may be late, calculated wrongly or refused, or an employer may react badly to the news of a pregnancy. Acting promptly and keeping your evidence tidy put you in the strongest position.
For a payment problem, begin with an informal conversation with payroll or HR. Ask them to explain how they calculated the figure, which earnings period they used and whether any pay rises were taken into account. Many errors are simple oversights and are fixed at this stage.
If that does not work, put your complaint in writing and, if your employer has a grievance procedure, follow it. State clearly what you think is wrong, what you want done and by what date. Keep a copy.
Where an employer refuses to pay SMP or SPP, or you believe the amount is wrong, you can contact HMRC, which handles disputes over statutory payments. You can ask HMRC to review the case, and it can decide whether the employer must pay. ACAS offers free, impartial advice on workplace rights and can help you plan the next steps.
Unfair treatment is different from a payment error. If you think you have been treated badly because of pregnancy, maternity or taking leave, such as being dismissed, demoted, overlooked for promotion or pressured to resign, that may be discrimination under the Equality Act 2010. Tribunal claims have short time limits, and early conciliation through ACAS is normally required first. Check the current deadlines on the ACAS website or GOV.UK, and take advice quickly. Useful organisations to contact include:
- ACAS: free workplace advice and early conciliation before a tribunal claim.
- HMRC Statutory Payments Disputes Team: handles disputes about SMP, SPP and related payments.
- Citizens Advice: general guidance on rights, benefits and debt.
- Maternity Action: a charity that offers specialist information on pregnancy and parental rights at work.
- Trade union or staff association: members may receive representation and legal support.
Record what is said and agreed from the outset. Dates, names and copies of replies matter if the matter ever escalates. Remaining calm and precise tends to produce the best outcomes, even when the situation is stressful.
Final Thoughts
Statutory family pay is built on a handful of rules that are straightforward once laid out: qualifying through service and earnings, giving notice on time, keeping the right paperwork and checking each April for updated rates. The real risk lies in missed deadlines and assumptions, so start early and put things in writing.
Talk to your employer about enhanced schemes, flexible working and keeping in touch days before you leave, and run a month-by-month budget so that the drop in income does not come as a surprise. If something goes wrong, use ACAS, HMRC and Citizens Advice, which are free.
This guide offers general information and is not personal legal or financial advice. Always check the latest rates and rules on GOV.UK, and speak to your employer or an adviser about your own circumstances.
Frequently Asked Questions
How long is Statutory Maternity Pay paid for?
SMP is paid for up to 39 weeks. The first six weeks are at 90 per cent of your average weekly earnings, and the following 33 weeks are at the lower of the standard weekly rate or 90 per cent of your earnings. Maternity leave itself can last up to 52 weeks.
Can I get SMP if I started my job while pregnant?
Usually not, if you have not worked for the same employer for 26 continuous weeks by the qualifying week. You may still qualify for Maternity Allowance, depending on your work and earnings history, and you will still have statutory leave rights as an employee.
How much notice do I need to give for paternity pay?
Typically you need to tell your employer at least 28 days before you want the pay to begin, and the leave notice is linked to the qualifying week. Rules were updated recently, so check GOV.UK for the current requirements.
Does SMP affect my other benefits?
It can. SMP counts as income for means-tested benefits such as Universal Credit, which may reduce what you receive. Use a benefits calculator or speak to Citizens Advice to see how your own situation is affected.
Can my employer refuse my maternity leave dates?
For statutory leave, your employer cannot refuse your chosen start date if you have given proper notice. They can discuss dates and must confirm them in writing. If you ask to change dates, give 28 days’ notice where you can.
What if my baby is born early?
If your baby arrives before your planned leave start, your maternity leave and pay normally begin the day after the birth. Tell your employer as soon as is reasonably practical and send the evidence they require.
