Maternity, paternity and other leave

When you have a baby, adopt a child, or face a family emergency in the UK, your employment rights protect your ability to take time off work. Whether you're entitled to paid leave depends on your employment status and how long you've worked in your current job. This guide explains what Statutory Maternity Pay, Statutory Paternity Pay, Shared Parental Leave, and emergency time off for dependants mean in practice.

Statutory Maternity Leave and Pay

Statutory Maternity Leave is a right available to all pregnant employees regardless of how long they have worked for their employer. You are entitled to take up to 52 weeks (one year) of maternity leave following the birth of your child. This consists of 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave. All employees can take this full period, but only 39 weeks come with pay if you meet the eligibility criteria.

How much maternity pay you get

Statutory Maternity Pay (SMP) is paid for a maximum of 39 weeks. For the first 6 weeks, you receive 90% of your average weekly earnings (before tax and National Insurance). For the remaining 33 weeks, you receive £194.32 per week, or 90% of your average weekly earnings if that amount is lower. The payment is made in the same way as your normal wages, such as monthly or weekly, and tax and National Insurance contributions are deducted as usual.

Who qualifies for maternity pay

To qualify for Statutory Maternity Pay, you must have worked continuously for the same employer for at least 26 weeks by the 15th week before your baby is due (called the 'qualifying week'). During this time, you must have earned at least £129 per week on average. Your employer will ask you to provide a MATB1 certificate (the official maternity certificate issued by your GP or midwife) as proof of your pregnancy and due date. You should notify your employer of your pregnancy and intended start date for leave by the 15th week before your baby is due.

If you don't qualify for maternity pay

Even if you cannot get Statutory Maternity Pay, you may be eligible for Maternity Allowance, which is a government payment rather than an employer payment. Maternity Allowance is available if you have worked for at least 26 weeks within the 66 weeks before your due date and earned at least £30 per week for 13 of those weeks. This benefit is particularly useful for self-employed people, freelancers, and those who have recently changed jobs. You can apply for Maternity Allowance through Jobcentre Plus or online through the gov.uk website.

Time off for antenatal care

You have the right to paid time off work to attend antenatal care appointments. Your employer must allow this without deducting pay. All pregnant employees are entitled to this right, regardless of how long they have worked for their employer. This includes appointments with your GP, midwife, NHS antenatal clinics, and NHS antenatal classes.

Statutory Paternity Leave and Pay

Paternity leave allows the father, partner, or non-birth parent to take time off work when a child is born or adopted. As of April 2026, paternity leave became a day-one right for all employees, meaning you are entitled to leave from your first day of employment. You can take either 1 or 2 consecutive weeks of paternity leave, and since April 2024, you also have the option to split your 2 weeks into two separate one-week blocks.

Paternity pay rates

If you qualify for Statutory Paternity Pay (SPP), you will receive £194.32 per week (or 90% of your average weekly earnings if that is lower) for the weeks you take as paternity leave. The payment is made in the same way as your normal wages, and tax and National Insurance will be deducted. Your paternity leave must end within 52 weeks of the birth, and you need to give your employer at least 28 days' notice if you want to change the start date.

Eligibility for paternity pay

To qualify for Statutory Paternity Pay, you must be the biological father, adopter, or partner of the mother or birth parent (including same-sex partners). You must have worked continuously for the same employer for at least 26 weeks by the 15th week before the baby is due, and you must continue to work for that employer until the child is born or placed for adoption. Additionally, you must earn at least £129 per week on average. You should give your employer at least 15 weeks' notice in writing that you intend to take paternity leave.

Shared Parental Leave and Pay

Shared Parental Leave (SPL) allows eligible parents to share leave and pay more flexibly than with traditional maternity leave. Instead of one parent taking all 52 weeks of leave, both parents can work together to arrange childcare in a way that suits their family. This is one of the most flexible parental rights in UK employment law, though it requires careful planning.

How much leave and pay you can share

Eligible parents can share up to 50 weeks of leave and 37 weeks of pay between them. The reason only 50 weeks are shareable is that the birth parent (or primary adopter) must take a minimum of 2 weeks of maternity leave immediately after birth for health and safety reasons (4 weeks if they work in a factory). This 2-week period cannot be shared. Once the birth parent ends their maternity leave early, the remaining weeks become available for either parent to use as Shared Parental Leave.

Eligibility for shared parental leave

To use Shared Parental Leave, at least one parent must be an employee of the company. That parent must have worked continuously for the same employer for at least 26 weeks by the 15th week before the baby is due, and must have earned at least £125 per week on average. The other parent must also pass an employment and earnings test—they can be self-employed, but they still need to meet minimum earnings criteria. Both parents must provide proper notice (usually 8 weeks before each block of leave begins) and fill out the required forms.

How to use shared parental leave

Shared Parental Leave can be taken in separate blocks with the parents taking turns, or both parents can take leave at the same time. You can take leave in up to three blocks, or more if your employer agrees. Unlike maternity leave, which cannot be restarted once it ends, Shared Parental Leave allows you to return to work and then go back on leave again during the first year after birth or adoption. Each parent is entitled to work up to 20 'SPLIT' (Shared Parental Leave In Touch) days, where you can return to work for a few days without ending your leave entitlement.

Time Off for Dependants and Emergencies

Beyond maternity and paternity leave, UK employment law gives all employees a statutory right to take time off work to deal with emergencies involving dependants. This right applies to all employees from day one of employment, regardless of how long they have worked for their employer. This is unpaid leave, but your employer cannot refuse a reasonable request or penalise you for taking it.

Who counts as a dependant

A dependant includes your spouse, partner, civil partner, child, parent, grandchild, or any member of your household who depends on you. The law also covers anyone who reasonably relies on you for help in an emergency, even if they do not live with you—for example, an elderly neighbour or a family friend with no other support.

What counts as an emergency

Time off for dependants covers specific emergency situations. These include when a dependant falls ill, is injured, or is assaulted; when you need to make arrangements for care for a dependant who is ill or injured; when a dependant gives birth; when a dependant dies and you need to make arrangements such as funeral planning; when care arrangements break down unexpectedly (such as a childminder cancelling at short notice); and when an unexpected incident occurs involving your child during school hours (such as a suspension). However, if you know about an appointment in advance, such as a hospital visit, you cannot use this right—you must request annual leave instead.

How much time off you can take

The law allows you to take a reasonable amount of time off to deal with the emergency and make necessary arrangements. There is no fixed number of days—what is reasonable depends on the nature of the emergency and your individual circumstances. Guidance suggests that one or possibly two days at most may be enough to handle most situations. The time is unpaid unless your employer chooses to pay you, though some employers may offer 'compassionate leave' with pay as an enhanced benefit. You should check your employment contract or company handbook to see if your employer offers this.

Notifying your employer

You must tell your employer as soon as reasonably practicable when you need to take time off for a dependant. Explain the reason for your absence and, if possible, let them know how long you expect to be away. If you cannot give notice in advance (as will usually be the case with emergencies), notify them as soon as you can. Your employer cannot penalise you or treat you unfairly for taking reasonable time off for a genuine emergency.

Key information for expats and foreign workers

If you are working in the UK on a visa or as an expat, these parental and emergency leave rights apply to you in the same way as they apply to British citizens. Your visa status does not affect your employment rights regarding leave. However, be aware that taking leave may affect your working pattern, and you should inform your employer about any visa-related considerations. If you are self-employed or have atypical work arrangements, your rights may differ, so check your individual circumstances on the gov.uk website or contact ACAS (the Advisory, Conciliation and Arbitration Service) for free guidance.

You should always notify your employer of your intention to take maternity or paternity leave as early as possible and in writing where required. Keep copies of all correspondence and documents (such as your MATB1 certificate or statutory declarations). If you disagree with your employer about your entitlement, you can contact the Statutory Payment Disputes Team through gov.uk, or seek advice from Citizens Advice, ACAS, or a specialist employment law service.