The United Kingdom is home to over 67 million people, 32.8 million of whom hold regular jobs. With a population growth rate of 0.4% between 2019 and 2020, that means thousands of working professionals give birth every year. A great and exciting thing for new parents, but there can be some complications when you factor in the plethora of maternity leave and pay benefits for workers in the UK.
Employees' Maternity Rights and Obligations In the United Kingdom
The British government provides maternity leave rights to working citizens of all genders. Pregnant individuals are entitled to no less than 52 weeks of paid maternity leave, regardless of how long they've worked for an employer. Their partner may also claim one to two weeks of paternity leave and pay in most circumstances. The leave can start up to 11 weeks before the expected birth week of childbirth.
Maternity leave rights are intended to give parents peace of mind that their jobs will be safe as they care for a newborn child. Virtually all occupations and job types – including full-time, part-time, and casual positions – receive leave entitlements. Pay is a bit more conditional and requires a worker to have earned a certain weekly amount or held their position for a minimum length of time.
How UK Maternity Leave Compares to the Rest of the World
The UK is far from alone in providing risk-free maternity leave – most countries have some sort of program in place for similar reasons. The actual amount of time off a new parent is afforded can vary, however. Some nations only guarantee up to six weeks of coverage after a child's birth or only offer one parent the privilege of leave. All things considered, Britain enjoys very reasonable employment and support allowance compared to the rest of the world, ranked only behind Bulgaria and Greece with 58.6 weeks and 43 weeks, respectively.
That's not to say those weeks stack up equally, though. Different countries have different policies with respect to occupational maternity pay. Most reduce it to a percentage of what the parent would earn if they were working full time. In the United Kingdom, that number currently stands at 90%. France and Bulgaria are both on par with this minimum, although a few nations, such as Austria, Chile, Costa Rica, and Portugal, mandate full-rate compensation during maternity leave.
Disseminating Statutory Maternity Leave and Statutory Maternity Pay
The difference between leave and pay often confuses individuals in learning about UK maternity entitlements. Although some people mistakenly use the terms interchangeably, employers will have different responsibilities under the government's current program.
Statutory maternity leave is the time off work an employee is entitled to take after giving birth to a child. The mandatory minimum is two to four weeks, with the use of the remaining entitlement being up to parents to decide. Maternity leave is like other types of protected leave, meaning that businesses must protect a worker's job and all of their benefits until they go back to work. A new parent cannot be penalized for claiming their statutory time off work if it is taken within the specified period.
Statutory maternity pay is a type of wage replacement benefit paid directly to employees by their employer. There are a few additional thresholds to qualify, but those who do are legally entitled to receive payments for up to 52 weeks.
How Long Is Maternity Leave In the UK?
Maternity leave in the United Kingdom lasts up to 52 weeks in total. This is divided into two parts – Ordinary Maternity Leave and Additional Maternity Leave. Despite what the name of the latter implies, employees in England are fully entitled to both.
Ordinary Maternity Leave
Ordinary Maternity Leave makes up the first 26 weeks of a person's statutory time off work. It fully protects the worker’s status, compensation, and hours of their job upon returning. An employee is not obligated to claim all 26 weeks of their ordinary maternity leave However, the British government does require at least two weeks be taken, or four, in the case of factory employees. Ordinary maternity leave can begin up to 11 weeks before the baby is born.
Additional Maternity Leave
Additional maternity leave takes place after the first 26 weeks of ordinary leave have been taken. This period is also known as extended maternity leave, and it can last for another 26 weeks. While employment status remains protected during this time, an employer reserves the right to switch an individual's specific role if there's been an organizational change after the leave. Their new job must be of the same seniority level, located in the same place, and offer equivalent pay, benefits, and holiday entitlements.
Know the Difference Between Statutory vs. Expanded Maternity Leave
Employers will also have to understand the difference between statutory and expanded leave. As we've already explained, the United Kingdom expects employers to give their staff up to 52 weeks of coverage after a baby is born. But that's just the required minimum. Some businesses choose to offer additional leave entitlements for new parents. This might include an additional month off before the start of their regular leave, or an additional half-pay for an extra few weeks afterwards.
As a general rule, employers should clearly define in writing which type of contractual maternity pay and leave they're offering to reduce confusion. Company policy should spell out what employees can expect, but few people will know it off the top of their head.
Shared Parental Leave and Pay
The UK's Shared Parental Leave (SPL) policy allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay up to their child's first birthday. These payouts are £172.48 a week or 90% of the pregnant parent's average weekly earnings, whichever is lower. Just like regular leave, shared parental leave must be planned in advance with adequate notice given to employers.
There are different criteria for birth parents, adoptive parents, and parents using a surrogate, and the rights of each parent may differ depending on the situation.
Statutory Maternity Pay In the UK
Unlike other leave entitlements, statutory maternity pay in the UK is only offered for 39 weeks. Minimum payout amounts are higher during the first six weeks of the allotted period and then stifled thereafter.
First Six Weeks of Pay
Staff are entitled to 90% of their average weekly earnings before tax during the first six weeks of the contractual maternity pay period determined by the employer.
Remaining 33 Weeks
The rest of the statutory minimum pay period, which can last for up to 33 weeks, entitles employees to a weekly payment of £172.48, or 90% of their average weekly earnings, whichever is lower.
Qualification Criteria for Maternity Leave and Pay In the UK
Most, if not all, working individuals in the United Kingdom qualify for some type of maternity benefit. That can differ depending on a range of factors, with some leave and pay rights reserved for specific categories of jobs. Read the criteria below to get an idea of what's available to whom during pregnancy and the terms that come with claiming leave and pay entitlements.
Employee Status
The UK government's maternity leave policies don't apply to 'employees' and 'workers' in the same way. Employees are defined as individuals bound to a company through an official employment contract. They have the right to statutory maternity benefits, such as sick pay, protection against unfair dismissal, time off for emergencies, and statutory redundancy pay. While some of these entitlements are conditional to the length of time a person has worked for their employer, maternity leave does not have a required minimum length of service.
Workers are classified separately from official employees. Although they might take part in similar day-to-day activities, they don't have to be under a formal employment contract. The majority of freelance and self-employed individuals would be classified as 'workers', as well as agency workers, and those on zero-hours contracts. Workers are entitled to maternity leave too, though they won’t be equally eligible for statutory pay.
Government-administered Maternity Allowance payments may supplement statutory maternity pay for individuals who don't hold official employee status. This regular allowance lasts for up to 39 weeks and can start as soon as 11 weeks before the baby is due.
Notice
Employees can't assume their employer is aware of their pregnancy. So, it's important to give your employer a notice at least 15 weeks in advance if you want to claim maternity allowance and leave benefits.
Notice can be given verbally, but most employment experts encourage professionals to submit it in writing for more accurate documentation. Employers must respond in writing within 28 days to confirm the employee's requested leave start and end dates.
As for statutory maternity pay, employees must notify their employer at least 28 days before the baby's birth. They are then expected to respond confirming the quantity and schedule of future payouts within the following 28 days.
Proof of Pregnancy
Proof of pregnancy is only required for those wishing to claim statutory maternity pay, not leave. Upon providing their employer with notice and deciding on payment details, staff must be ready to supply either a letter from a doctor, midwife or a MATB1 certificate within 21 days of their payout start date.
Special Cases, Considerations, and Conditions
Pregnancy can be difficult, so it's reasonable for the UK government to have some flexibility in its maternity leave and pay policies. The statutory benefits we've explained in this article can be claimed by anyone who qualifies, but special circumstances may exist in which additional entitlements are available.
Premature Births
Premature births are common in the United Kingdom, and around the world for that matter. It's a scary thing for new parents who may not be prepared for a birth that could happen weeks before the baby is due. Thankfully, maternity leave can be claimed in advance of the predetermined period – as soon as the day after early birth when a certificate or doctor-signed document is provided.
In these cases, employers need to go through the same process they did when originally setting the employee's leave period by confirming the start and end dates in writing.
Stillbirth
The UK saw more than 2,600 stillbirths in 2021. In such cases, it's only natural for grieving parents to want as much time off work as possible to cope with their loss.
The government acknowledges this by preserving the employee's maternity leave entitlement, meaning that if they have already planned time off for the birth, they will still be entitled to it. The same applies to those who have not yet taken their leave; employers should acknowledge that the employee may need time off and allow them the maternity leave entitlement as if the baby had been born alive. Statutory pay is also protected in most circumstances.
The only criterion for this exception is that the stillbirth must have happened after the start of the 24th week of pregnancy. Parents of infants who don't survive after a live delivery are entitled to the same rights and appropriate support.
Fulfilling Maternity Leave Obligations as an Employer
All of the UK maternity leave rights and entitlements we've covered are up to employers to fulfill. It's their dual responsibility to be both informed of the law and ongoingly follow it should one of their staff members become pregnant. Failure in either regard means the business is liable for fines or court action.
A few steps employers can take to ensure they comply with the law include:
- Keeping up-to-date with relevant local labour laws and regulations
- Calculating maternity leave entitlements accurately
- Making sure all employees are aware of their leave rights, including the details surrounding any company policies or additional benefits
The UK government's website has a wealth of resources that can help make complying with its maternity leave laws easier. The Statutory Maternity Pay Calculator can help determine maternity pay, paternity pay, adoption pay, average weekly earnings, and leave period lengths.
A Few Other Things to Know About Maternity Benefits In the UK
Employers should be prepared to accommodate staff both in the lead-up to and time after childbirth. UK laws define a number of additional rights, provisions, and expectations to follow with respect to the following.
Equal Treatment
It's not abnormal for employees to work during pregnancy, sometimes within weeks of their delivery date. Those who do shouldn't be disadvantaged because of it.
Employers should:
- Provide reasonable time off for antenatal care
- Allow pregnant employees to take paid leave if required
- Offer flexible working hours or part-time work
Antenatal Care
Antenatal care refers to healthcare provided to a pregnant individual before the birth of their child. Companies have the obligation to accommodate employees during this period - meaning that reasonable time off must be provided for antenatal appointments, regardless of the length or frequency.
Taking Maternity Leave
The UK law entitles pregnant employees to take up to 52 weeks of maternity leave, with the first 39 being paid.
All employees also have the right to take unpaid time off work for antenatal care upon providing reasonable proof of their appointments. This includes antenatal classes and medical appointments with a doctor or midwife. Their partner also has the right to attend two appointments.
Returning to Work
The months after pregnancy can be just as gruelling as those before, and as such employers need to accommodate the returning employee in terms of hours worked and flexible working arrangements. Companies should provide a clear process for employees who want to return to work so that they can plan accordingly.
Potential Extensions
Although it won't be protected to the same degree as the prior 52 weeks, parents on maternity leave can request additional time off with their new child if necessary. This falls under a separate type of leave called Parental Leave, which allows eligible employees to take up to 18 weeks of unpaid time off for each of their children up to their 18th birthday.
Holiday
Employees still accrue holiday entitlement hours during maternity leave. The amount of hours accrued will depend on the employee’s normal working pattern and how much they have already taken during the year.
Tax and National Insurance
The 90% average employee weekly earnings provisioned by England's maternity pay scheme is still subject to mandatory tax and national insurance deductions. Employers will need to continue to factor this in when calculating maternity payouts.
Closing Thoughts
There you have it – an end-to-end rundown of everything there is to know about maternity leave entitlements and pay in the UK. We hope you learned something new and feel more prepared to navigate this process with any employee who is expecting. Borderless is here to make your payouts seamless regardless of where your employees are in life or around the world. Speak with our team to learn more about our suite of solutions today and how we can help you remain compliant when hiring internationally!
Disclaimer: Borderless does not provide legal services or legal advice to anyone. This includes customers, contractors, employees, partners, and the general public. We are not lawyers or paralegals. Please read our full disclaimer here.
