Family Matters > Money, rights and benefits

Taking maternity leave: all you need to know

If you’re about to have a baby, make sure you’re getting the time off and money you’re entitled to. We answer your most commonly asked questions about maternity rights

Published 01 Apr 2008

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Thanks to a change in the law in April 2007, working parents are getting a better deal. Mums of babies due on or after 1 April 2007 have been given more time off work and better maternity pay. Here’s how to make sure you are taking the leave (and getting the money) you’re entitled to…

Your maternity leave questions answered

Q. I am expecting a baby soon. How much time can I take off work?

A. Changes in the law, which came into effect after 1 April 2007, mean that every employed woman is now entitled to 52 weeks’ maternity leave. This is regardless of how long they have worked for their employer, or the number of hours they work.

How to get it

You must inform your employer in writing by the end of the 15th week before your baby is due, telling them your expected week of childbirth (EWC) and the date you want to start your maternity leave.

Q. How much pay should I receive on maternity leave, and for how long?

A. Statutory Maternity Pay (SMP) is paid by your employer for 39 weeks if you have 26 weeks’ continuous service by the end of the 15th week before your baby is due and earned on average at least £87 a week in the eight weeks leading up to and including this 15th week. SMP is 90 per cent of your average earnings for six weeks, and then a flat rate of £112.75 or 90 per cent of your earnings, whichever rate is lower.

How to get it

You must give your employer your MATB1 form (available from your GP when you are 20 weeks pregnant) at least 28 days before you want to start your pay.

Q. What if I don’t qualify for Statutory Maternity Pay?

A. You are entitled to Maternity Allowance (MA), also paid for 39 weeks, providing you worked for at least 26 weeks in the 15 months before your baby is due (this doesn’t have to be continuous or for the same employer) and earned at least £30 a week for 13 of those 26 weeks. MA is paid at £112.75 a week or 90 per cent of your average weekly earnings if that is less.

How to get it

Claim MA from your local Jobcentre Plus on form MA1 (available from your local Job Centre).

Q. Can I claim Statutory Maternity Pay or Maternity Allowance if I’m not sure that I will go back to work?

A. Yes, you are still entitled to SMP or MA, and you can’t be asked to pay it back – even if you say you may return and change your mind later on.

Q. We are planning to adopt. What are my rights to leave and pay?

A. If you are adopting, you are entitled to 52 weeks’ leave (called Adoption Leave) and 39 weeks’ pay (called Statutory Adoption Pay), but no MA. You’ll have to meet similar employment conditions as birth parents to qualify for Adoption Leave.

How to get it

Your employer will need documentary evidence, such as a matching certificate from your adoption agency, within seven days of you being matched with a child.