Maternity pay
Employers provide maternity pay to employees who have given birth, so that they can recover and to bond and care for the new child.
Statutory maternity pay is paid for up to 39 weeks, usually covering the first part of an employee’s maternity leave. Your employer will usually pay you in the same way, at the same time as your normal wages.
It is against the law to discriminate against a female worker or applicant because of pregnancy, pregnancy-related illness or maternity leave. If you require support, contact your UNISON representative.
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How much maternity pay can you receive?
Under the statutory minimum scheme, employers must pay employees on maternity leave a weekly rate equal to 90% of their average weekly earnings for the first six weeks. For the remaining 33 weeks you are paid £194.32, or 90% of weekly earnings, whichever is lower. (You can check the current rate, updated annually, at Gov.UK).
Are you eligible for maternity pay?
You qualify for maternity pay if you have:
- been in continuous employment for at least 26 weeks at the end of the 15th week before you are due to give birth;
- average weekly earnings at or above £129 weekly before tax (visit Gov.UK for the current rate);
- provided your employer with confirmation of the pregnancy with a MATB1 form or a letter from a doctor or midwife confirming your pregnancy;
- told your employer at least 15 weeks before the beginning of the week your baby is due and when you want to start maternity pay (you can change the date later, as long as you give at least 28 days’ notice in writing).
You may also qualify for statutory maternity pay as an agency worker if you are not a home worker, entertainer or model and you render personal service under supervision, direction or control and you are paid directly by the agency.
In such a situation, the agency is treated as your employer and is liable for payment of statutory maternity pay and national insurance contributions.
Enhanced maternity pay
Some employers offer enhanced maternity pay to attract and retain staff either as a contractual right or on a case-by-case basis.
They may pay more than statutory minimum maternity pay scheme for a fixed period. They may pay full pay for the first six weeks, half pay for the following 10 weeks and maternity pay for the remaining 23 weeks. The exact payment will differ from employer to employer.
Some employers also make a bonus payment when an employee returns to work. Alternatively, it may be a condition that you must return to work for a certain period of time after maternity leave and, if you fail to do so, you may be required to return the enhanced maternity pay element that you received. You should seek advice from your local rep if you think you will not return to work after your maternity leave period.
How much time can you take off?
All pregnant employees can take up to 52 weeks’ maternity leave around the birth, to recover and to bond and care for the new child. An employee must take a minimum of two weeks’ leave after the birth of her child, or four if she works in a factory.
Statutory maternity leave is made up of 26 weeks ‘ordinary maternity leave’ followed immediately by 26 weeks ‘additional maternity leave’.
You may work for up to 10 ‘keeping in touch days’ during maternity leave, if your employer agrees. Keeping in touch days are optional.
Your partner is also entitled to paternity leave.
Shared parental leave
Instead of taking the full 52 weeks of maternity or adoption leave, the mother or the ‘primary’ adopter can choose to share 50 weeks of their leave (or 48 weeks if they are a factory worker) with their partner through shared parental leave.
Eligible parents will have the right to share up to 37 weeks’ shared parental pay (35 weeks for factory workers), paid at the same rate as statutory maternity pay.
Either the father/partner takes shared parental leave and pay and the mother stays on maternity leave and pay (although for a reduced period) or both parents can take shared parental leave and pay, as long as they qualify.
UNISON resources
- Pregnancy: Your rights at work UNISON’s guide to your statutory rights as a pregnant working woman
Frequently asked questions
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.