The right to maternity leave

All pregnant employees, ie, those working under a contract of employment, are entitled to take up to 52 weeks of statutory maternity leave (SML) around the birth of their child. Employees automatically qualify for SML - it does not matter how long the employee has worked for you.

The 52-week SML period is made up of 26 weeks of ordinary maternity leave (OML) followed immediately by 26 weeks of additional maternity leave (AML).

Shared parental leave

In addition, an eligible mother can end her maternity leave early, and with her partner (this includes same-sex partners) or the child's father, opt for shared parental leave. Read more on shared parental leave and pay.

Compulsory maternity leave

An employee must take a minimum of two weeks' leave after the birth of her child, or four weeks if she works in a factory. This is for health and safety reasons. You must not allow her to work during this time, including working from home.

Multiple births

SML remains at 52 weeks regardless of the number of children resulting from a single pregnancy.

Pregnancy loss

Miscarriage (before 24 weeks)

If a pregnancy ends before 24 weeks' gestation and the baby does not survive, there is no entitlement to statutory maternity leave or pay. In these circumstances, the employee may be entitled to:

• Statutory Parental Bereavement Leave and Pay (see below), applicable where the miscarriage occurs on or after 6 April 2026
• Sick leave (including pregnancy-related sickness absence)
• Compassionate/special leave (paid or unpaid, at the employer’s discretion)
• Annual leave

Employers should ensure that appropriate support is offered, including access to any available Employee Assistance Programme (EAP) or other relevant support services.

Stillbirth (from 24 weeks) and death after birth

Stillbirth from 24 weeks

If a baby is stillborn after 24 weeks’ gestation, the employee is entitled to:

• Statutory Maternity Leave (up to 52 weeks)
• Statutory Maternity Pay, subject to eligibility

When a baby dies

If the baby is born alive at any stage in the pregnancy but later dies, the employee remains entitled to SML.

Parental Bereavement Leave and Pay

Parental Bereavement Leave and Pay entitles eligible workers to two weeks' statutory paid leave following the death of a child, stillbirth, or miscarriage. Since 6 April 2026, an employee has been entitled to this from the first day of employment. See Parental Bereavement Leave and Pay.

Enhanced maternity leave

Employers can also provide enhanced maternity leave arrangements to attract and retain employees, which are more generous than the statutory entitlements.

For example, you could allow employees with more than a year's service to take more than 52 weeks' leave.

You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis, but use caution when exercising discretion to avoid claims of unfair treatment or discrimination.