Mothers, fathers and partners, including same-sex partners and adoptive parents have statutory rights to maternity, paternity leave, adoption and shared parental leave. Other important ‘family-friendly’ measures include unpaid parental leave, time off for emergencies involving dependents and the right to request flexible working. See our factsheets on flexible working and working hours and time off work. 

The information below mostly relates to statutory rights. Many employers offer more than these minimum rights in contractual maternity and parental leave policies. These policies should be current, inclusive and coherent. As well as enhancing minimum statutory leave and pay entitlements, employers can provide flexible working arrangements and an inclusive, family-friendly working environment. Employers should be proactive in supporting and retaining employees who have an on-going need to balance work and childcare.

Most relevant UK legislation is in the Employment Rights Act 1996, the Employment Relations Act 1999, the Employment Act 2002, the Work and Families Act 2006 and the Children and Families Act 2014.

Any unfavourable treatment of a woman because of her pregnancy, childbirth or maternity is likely to constitute pregnancy and maternity-related discrimination. There may also be a constructive unfair dismissal claim. CIPD members can consider more detail on these family rights in our Maternity, paternity, shared parental and adoption leave and pay Q&As, Requesting flexible working Q&As and Parental rights and other family-friendly provisions Q&As.

Recent and forthcoming changes

Government consultations in 2019 and 2021 considered reforms, including making flexible working the default unless employers have good reasons not to agree. As a partial response to the consultations a new neonatal leave and pay entitlement was announced in March 2020 for employed parents whose babies need neonatal hospital care for seven days or more. This is now expected in 2023.

Antenatal care

Pregnant employees are entitled to paid time off for antenatal medical and other appointments recommended by the doctor, nurse or midwife. 

Qualifying fathers and partners can take unpaid time off to attend up to two of those appointments. This can be paid and any extra time taken with the employer’s consent or taken as holiday.

Maternity leave

Key terms:

• Statutory Maternity Leave (SML): 52 weeks of leave a woman may take. There's no qualifying period for the leave but there is a qualifying period for some of the statutory maternity pay.

• Shared Parental Leave (SPL): the shared leave available to either or both parents.

The earliest date maternity leave can start is the beginning of the eleventh week before the baby is expected. The woman must notify her employer with details of her expected date and when she chooses to start maternity leave. The employer must respond within 28 days, stating the expected date of return after the maternity leave.

Employers should assume all 52 weeks’ leave will be taken unless notified to the contrary. Mothers can curtail part of the leave to enable their partner to take SPL. If returning to work earlier than planned, the employee should give at least eight weeks’ notice, unless shortened notification periods are agreed.

Maternity pay

Mothers are entitled to up to 39 weeks' Statutory Maternity Pay (SMP), they must:

• Meet certain National Insurance contributions lower earnings limit requirements
• Have 26 weeks' continuous service (assessed at the 15th week before the baby is due).

The first six weeks SMP is paid at 90% of average weekly earnings and the remainder at the lower statutory level. Current rates can be found on our Statutory rates page or from GOV.UK.

Some organisations have more generous contractual terms paying during the entire leave period. Women who do not qualify for SMP might qualify for Maternity Allowance (MA).

Other benefits during maternity leave

All contractual terms (such as holidays or benefits) apart from remuneration continue during SML. This means that paid holiday entitlement accrues during maternity leave. Pension arrangements are more complex. CIPD members can see more in our Q&As on maternity, paternity, shared parental and adoption leave and pay.

Other rights

Women who qualify conditions are entitled to other rights including:

• Return to their previous job on the same terms, if maternity leave is 26 weeks or less.
• Return to the same job, or an equivalent one, if it's genuinely not reasonably practicable to return to the former job, for those on maternity leave of more than 26 weeks.
• Request risk assessments during pregnancy.
• Request alternative work where any risks to the expectant mother's or baby's health can be avoided.
• Full pay on maternity suspension if health and safety risks can’t be avoided by reasonable changes to working conditions.
• Protection from detriment, unfair treatment or dismissal because of the pregnancy, maternity leave, etc. For example, not allowing employees to return to work because of breastfeeding.
• Up to ten ‘keeping in touch’ (KIT) days during maternity leave without losing any maternity pay if available. 

The Equality Act 2010 prohibits pregnancy and maternity discrimination, including changes to pay or other terms.

Paternity leave

The main eligibility factors for basic paternity leave are:

• Continuous employment for 26 weeks ending with the 15th week before the baby's due.
• The employee must be the baby’s biological father or the partner of the mother who has (or expects to have) responsibility for the baby’s upbringing.

Unless agreed otherwise, the basic statutory leave of two weeks maximum must be taken between:

• The baby’s birth date or any day of that week, and
• Within 56 days of the baby’s birth date.

The employee must inform the employer of their intention to take paternity leave by the end of the fifteenth week before the baby is expected, notifying:

• The start date of the leave to be taken.
• The week the baby is expected.
• The duration of leave to be taken.

See our Managing extended paternity leave report.

The rate of Statutory Paternity Pay (SPP) is the same as SMP. 

Rights during and after paternity leave

An employee who qualifies for paternity leave is entitled to:

• Return to the same job.
• Return to the same terms and conditions of employment.
• Not be subjected to a disadvantage, unfair treatment or dismissal.

Shared parental leave (SPL) enables employed mothers to switch part of their leave and pay into SPL and pay, provided both parents satisfy the eligibility requirements. The mother and partner must have worked for their employers continuously for at least 26 weeks up to the 15th week before the expected week of childbirth.

The mother can choose whether to give up her leave and the parents can choose how to share any SPL, either taking it in turns or taking time off together. Eligibility, notification and variation procedures are complex but at least eight weeks’ notice must be given before the SPL starts.

Unpaid parental leave is a different form of leave, giving qualifying employees up to 18 weeks for each child or adopted child up to their 18th birthday.

Employed parents have the right to two weeks’ bereavement leave following the death of a child, paid at a set rate if the parent has 26 weeks’ service.  

Statutory adoption leave and pay in the UK have been broadly in line with statutory maternity leave and pay since April 2015 with up to 52 weeks' adoption leave available. 

Statutory Adoption Pay (SAP) is payable for 39 weeks and there's a qualifying service requirement of 26 weeks’ continuous employment. 

Employers should:

• Include current references to maternity, paternity and adoption rights in equality, inclusion and diversity, and work-life balance policies and promote these to staff.

• Ensure that line managers understand how to implement the organisation’s maternity, paternity and parental leave policies and monitor take up to ensure the needs of both the business and the individual are met.

Contacts

Acas – Maternity, paternity and adoption leave and pay

GOV.UK - Holidays, time off, sick leave, maternity and paternity leave

GOV.UK - Shared parental leave and pay

Equality and Human Rights Commission – Managing pregnancy and maternity in the workplace

Working Families

Books and reports

CABRITA, J. and WOHLGEMUTH, F. (2015) Promoting uptake of parental and paternity leave among fathers in the European Union. Luxembourg: Publications Office of the European Union.

DEPARTMENT FOR BUSINESS, INNOVATION AND SKILLS. (2015) Shared parental leave: public attitudes. London: BIS.

DEPARTMENT FOR BUSINESS, INNOVATION AND SKILLS and EQUALITY AND HUMAN RIGHTS COMMISSION. (2016) Pregnancy and maternity-related discrimination and disadvantage: final reports. London: BIS and EHRC.

HOUSE OF COMMONS Women and Equalities Committee (2018) Fathers and the workplace. HC 358, Session 2017-19.

Journal articles

ALIDINA, R. (2019) Why a more robust paternity leave policy is key to gender equality. People Management (online). 13 March.

BASHFORD, S. (2020) Can shared parental leave ever work? People Management (online). 23 April.

LOCH, P. (2019) How to promote paternity leave. People Management (online). 5 July.

THOMPSON, C. (2020) Pregnancy and maternity discrimination update. People Management (online). 15 April.

CIPD members can use our online journals to find articles from over 300 journal titles relevant to HR.

Members and People Management subscribers can see articles on the People Management website.