Introduction to Maternity, Paternity & Parental Leave
When you welcome a new child into your family—whether through birth or adoption—UK law provides important protections to help you balance work and family life. Maternity, paternity, and parental leave are rights designed to support parents during this significant time, ensuring you can take time off work without worrying about losing your job or income.
Employees in the UK are entitled to different types of leave depending on their circumstances:
Maternity Leave: For mothers or primary adopters, up to 52 weeks of leave is available, with statutory maternity pay for up to 39 weeks if you meet eligibility requirements.
Paternity Leave: Partners may take up to two weeks of paid paternity leave, provided they have worked for their employer for at least 26 weeks by the end of the 15th week before the baby is due (or by the week you’re matched with a child for adoption).
Parental Leave: Both parents can take up to 18 weeks of unpaid parental leave per child, to be used before the child’s 18th birthday. This leave is usually taken in blocks of one week, and you must have at least one year’s continuous service with your employer to qualify.
These rights are protected under laws such as the Employment Rights Act 1996 and the Shared Parental Leave Regulations 2014. The aim is to provide flexibility and security for families, allowing parents to bond with their child, recover from childbirth, or adjust to new family responsibilities.
Taking time off after the birth or adoption of a child isn’t just about recovery or bonding—it’s also about ensuring your job and income are protected during a crucial period. UK law makes it clear that you cannot be treated unfairly, dismissed, or disadvantaged because you take maternity, paternity, or parental leave. This protection gives you the confidence to focus on your family, knowing your employment rights are safeguarded.
Eligibility depends on your employment status and how long you’ve worked for your employer. Most employees, including those on fixed-term contracts, are covered. Agency workers and those on zero-hours contracts may also qualify in some cases. It’s important to check the specific rules for each type of leave, as requirements can vary.
To benefit from these rights, you’ll usually need to inform your employer in writing and provide the required notice. For maternity leave, this is typically at least 15 weeks before your due date. For paternity and parental leave, different notice periods apply, so it’s wise to check your employment contract or speak to your HR department.
Understanding your entitlements helps you plan ahead, make informed decisions, and ensure your family’s needs are met. For a broader overview of all types of leave available to employees, see our page on Leave Rights.
Maternity Leave
Maternity leave is a legal right for employees in the UK who are pregnant or have recently given birth. Its purpose is to allow new mothers time to recover from childbirth and bond with their baby, while protecting their employment rights and income during this important period.
Maternity leave refers to the period of absence from work granted to pregnant employees before and after childbirth. This leave is designed to support the health and wellbeing of both the mother and the child, and to provide job security during and after pregnancy.
In the UK, most employees are entitled to maternity leave, regardless of how long they have worked for their employer, how many hours they work, or how much they are paid. To qualify, you must:
Be an employee (not a worker, freelancer, or contractor)
Give the correct notice to your employer
There is no minimum length of service required to take maternity leave. Agency workers and the self-employed are generally not eligible, but may have other rights or benefits.
Eligible employees can take up to 52 weeks of maternity leave. This is divided into two parts:
Ordinary Maternity Leave: The first 26 weeks
Additional Maternity Leave: The following 26 weeks
You do not have to take the full 52 weeks, but you must take at least 2 weeks after your baby is born (or 4 weeks if you work in a factory).
Maternity leave can start any time from 11 weeks before the expected week of childbirth, unless your baby is born early.
There are two main types of maternity pay:
Most employees are entitled to Statutory Maternity Pay, provided they:
Have been continuously employed by the same employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth
Earn at least £123 a week (before tax) on average
SMP is paid for up to 39 weeks:
For the first 6 weeks: 90% of your average weekly earnings (before tax)
For the next 33 weeks: £172.48 per week (as of 2024/25) or 90% of your average weekly earnings (whichever is lower)
If you do not qualify for SMP, you may be able to claim Maternity Allowance through Jobcentre Plus. This is common for self-employed individuals or those who have recently changed jobs.
Some employers offer enhanced maternity pay schemes that are more generous than the statutory minimum. Check your employment contract or staff handbook for details.
To take maternity leave and receive maternity pay, you must notify your employer by the 15th week before your baby is due (around 25 weeks into your pregnancy). You should provide:
Written notice of your pregnancy
The expected week of childbirth (usually confirmed with a MATB1 certificate from your midwife or doctor)
The date you intend to start your maternity leave (you can change this later with at least 28 days’ notice)
Your employer must confirm your leave start and end dates in writing within 28 days of receiving your notice.
It’s a good idea to discuss your plans with your employer as early as possible. This helps with planning your handover, understanding your pay and benefits, and arranging any flexible working requests for your return.
Can I work during maternity leave? You are allowed to work up to 10 “Keeping in Touch” days during your maternity leave without affecting your pay or leave.
Will my job be protected? Yes, you have the right to return to your job after maternity leave. If you take up to 26 weeks, you are entitled to return to the same job. If you take more than 26 weeks, you are entitled to return to the same job or, if that is not reasonably practicable, a suitable alternative.
What happens if my baby is born early or I am off sick? If your baby is born earlier than expected, maternity leave will start automatically the day after the birth. If you are off work due to a pregnancy-related illness in the four weeks before your due date, your maternity leave will start automatically.
Understanding your maternity rights can help you plan for your leave, manage your finances, and ensure a smooth transition at work before and after your baby arrives. If you have any doubts about your specific situation, seek advice from your employer or a legal professional.
Eligibility for Maternity Leave
In the UK, almost all employees have a statutory right to maternity leave, regardless of how long they have worked for their employer or the number of hours they work each week. This right is set out in the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999.
You qualify for statutory maternity leave if you are classed as an employee. This means you work under a contract of employment, whether it is written, oral, or implied. You do not need to have worked for your employer for a minimum period before you become eligible—maternity leave is a day-one right.
Agency workers, freelancers, and the self-employed are generally not entitled to statutory maternity leave, but may have other protections or entitlements (such as Maternity Allowance).
To take maternity leave, you must:
Inform your employer: You must notify your employer at least 15 weeks before your baby is due (your ‘expected week of childbirth’). You should tell them the due date and when you want your maternity leave to start.
Provide evidence: Your employer may ask for a medical certificate (usually a MATB1 form from your midwife or doctor) confirming your pregnancy and due date.
Changing your start date: If you need to change your maternity leave start date, you must give your employer at least 28 days’ notice, unless this is not reasonably practicable.
There is no minimum length of service or earnings threshold to qualify for maternity leave itself, but there are separate requirements for statutory maternity pay.
Your right to maternity leave applies whether you are:
Full-time or part-time
On a permanent, fixed-term, or temporary contract
On a zero-hours contract
The type of contract you have does not affect your entitlement to maternity leave. Employers cannot refuse maternity leave or treat you less favourably because of your contract type, and it is unlawful to dismiss you or discriminate against you for taking or requesting maternity leave.
Can I take maternity leave if I have just started a new job? Yes. There is no minimum period of employment needed to qualify for maternity leave. As long as you are an employee and follow the notice requirements, you are eligible.
What if my employer says I’m not entitled to maternity leave? If you meet the legal definition of an employee and have given the correct notice, you are entitled to maternity leave. If your employer disputes this, you may wish to seek advice or consider raising a formal grievance.
Does my partner’s employment status affect my right to maternity leave? No. Your entitlement to maternity leave is independent of your partner’s employment situation.
Understanding your rights is crucial to planning your leave and ensuring you are treated fairly at work. If you have any doubts about your eligibility, check your employment status and speak to your employer as early as possible.
Length and Timing of Maternity Leave
In the UK, employees are entitled to take up to 52 weeks of statutory maternity leave. This entitlement is set out in the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999. Maternity leave is available to all employees, regardless of how long they have worked for their employer, as long as they provide the correct notice.
Maternity leave is divided into two parts:
Ordinary Maternity Leave (OML): The first 26 weeks.
Additional Maternity Leave (AML): The following 26 weeks.
You do not have to take the full 52 weeks, but you must take at least two weeks off after your baby is born (or four weeks if you work in a factory). This is a legal requirement to protect the health and wellbeing of both mother and child.
You can choose when to start your maternity leave, but there are rules about the earliest and latest possible start dates:
Earliest Start Date: Maternity leave can begin up to 11 weeks before your expected week of childbirth. For example, if your baby is due on 1st July, you can start your leave as early as 17th April.
Latest Start Date: Maternity leave will automatically begin if you are off work for a pregnancy-related illness during the four weeks before your baby is due, even if you planned to work longer.
If your baby is born early, your maternity leave will start the day after the birth, no matter when you had planned to begin your leave.
You are not required to take the full 52 weeks of maternity leave. If you wish to return to work earlier, you must give your employer at least 8 weeks’ notice of your planned return date. For instance, if you originally planned to take a year off but decide to return after 39 weeks, you should let your employer know as soon as possible, providing the required notice.
If you want to extend your leave up to the maximum 52 weeks, you do not need to provide extra notice unless you had previously told your employer you would return sooner. Always check your employment contract or staff handbook, as some employers may ask for written confirmation of your return date.
Plan ahead: Consider your personal circumstances, childcare arrangements, and financial situation when deciding how much maternity leave to take.
Communicate clearly: Keep your employer informed about your plans and any changes as soon as possible.
Know your rights: Remember, your job is protected while you are on maternity leave. You have the right to return to your job, or a suitable alternative, when your leave ends.
Understanding the rules around the length and timing of maternity leave helps you make informed choices and ensures you get the support you are entitled to during this important time.
Maternity Pay and Benefits
If you are expecting a baby and employed in the UK, you may be entitled to financial support during your maternity leave. Understanding your rights to maternity pay and related benefits can help you plan for your time away from work. Below, we explain the main types of maternity pay, how they are calculated, and what other protections are in place during maternity leave.
Eligibility: Statutory Maternity Pay (SMP) is the main form of maternity pay for employees. To qualify, you must:
Be an employee (not self-employed).
Earn at least £123 per week (before tax) in an 8-week ‘qualifying period’ before your maternity leave.
Have worked for your employer continuously for at least 26 weeks by the end of the 15th week before your baby is due.
Provide the correct notice and proof of pregnancy (usually a MATB1 certificate from your midwife or doctor).
SMP Rates (2024/25):
For the first 6 weeks: 90% of your average weekly earnings (before tax).
For the next 33 weeks: £184.03 per week or 90% of your average weekly earnings (whichever is lower).
SMP is paid in the same way as your normal wages—monthly or weekly—and is subject to tax and National Insurance.
If you do not qualify for SMP, you may be eligible for Maternity Allowance, which is paid by Jobcentre Plus. This is often available to those who are self-employed, recently changed jobs, or do not meet the earning or length-of-service requirements for SMP.
Eligibility: You may qualify if, in the 66 weeks before your baby is due, you have:
Been employed or self-employed for at least 26 weeks (not necessarily consecutive).
Earned at least £30 per week in at least 13 of those weeks.
Maternity Allowance Rates (2024/25):
Up to £184.03 per week for 39 weeks, or 90% of your average weekly earnings if this is less.
For some, a lower rate of £27 per week may apply (for example, if you help with your partner’s business but are not paid).
Your average weekly earnings are calculated over the 8-week period up to the end of the 15th week before your baby is due. Your employer will use your gross (pre-tax) earnings to work out your SMP. For Maternity Allowance, the highest-earning 13 weeks in the 66-week test period are used.
Payment is made in the same way as your usual salary—directly into your bank account, with tax and National Insurance deducted where applicable. You can start receiving SMP or Maternity Allowance from up to 11 weeks before your baby is due.
While on maternity leave, you are entitled to certain legal protections and benefits:
Job Protection: By law (Employment Rights Act 1996), you have the right to return to your job after maternity leave. If your job no longer exists, you must be offered a suitable alternative.
Annual Leave: You continue to build up (accrue) annual leave as if you were working.
Pension Contributions: Your employer must continue to make pension contributions during paid maternity leave.
Other Benefits: Any benefits you normally receive (such as a company car, mobile phone, or health insurance) should continue during maternity leave, except for your salary.
Protection from Discrimination: It is unlawful for your employer to treat you unfairly or dismiss you because you are pregnant or on maternity leave, as protected under the Equality Act 2010.
Can I get both SMP and Maternity Allowance? No, you can only receive one or the other. If you qualify for SMP, you cannot claim Maternity Allowance.
What if my employer refuses to pay SMP? If your employer says you are not eligible for SMP, they must give you a SMP1 form explaining why. You can use this to apply for Maternity Allowance instead.
Do I need to repay SMP or Maternity Allowance if I do not return to work? No, you do not have to repay SMP or Maternity Allowance if you choose not to return to your job after maternity leave.
Understanding your rights to maternity pay and benefits can help you make informed choices and ensure you are supported during this important time. If you have concerns or questions about your entitlement, you can seek advice from your HR department or a legal adviser.
How to Request Maternity Leave
If you are pregnant and employed in the UK, you have the legal right to take maternity leave. To ensure your leave goes smoothly, it’s important to follow the correct process when informing your employer. Here’s what you need to know about requesting maternity leave, including notice requirements, providing medical evidence, and understanding your rights and your employer’s responsibilities.
By law, you must notify your employer about your pregnancy, your expected week of childbirth, and the date you want your maternity leave to start. Under the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999, you must give this notice at least 15 weeks before the beginning of the week your baby is due.
Your notice should include:
The fact that you are pregnant.
The expected week of childbirth (EWC).
The date you wish to start your maternity leave (this can be any date from 11 weeks before your due date up to the week your baby is born).
It’s best to provide this notice in writing, even if your employer does not require it, so you have a record of your request.
You have the right to change your maternity leave start date, but you must give your employer at least 28 days’ notice of the new date, unless this is not reasonably practicable (for example, if your baby arrives early).
Your employer may ask for medical evidence of your pregnancy and due date. This is usually provided in the form of a MATB1 certificate, which you can get from your midwife or GP after you reach 20 weeks of pregnancy.
You only need to provide the MATB1 form if your employer requests it.
You are not required to submit the form before the 21st week of your pregnancy, as it cannot be issued earlier.
The MATB1 certificate confirms the expected week of childbirth and is essential for your employer to process your Statutory Maternity Pay (SMP) or Maternity Allowance.
Once you have given notice and provided the MATB1 form (if requested), your employer must write to you within 28 days to confirm the date your maternity leave will end. By default, you are entitled to up to 52 weeks of maternity leave, regardless of how long you have worked for your employer.
Your employer cannot refuse your request for maternity leave if you have given the correct notice and evidence. They must also:
Ensure you are not treated unfairly or dismissed because of your pregnancy or for taking maternity leave.
Maintain your terms and conditions of employment (except for pay) during your leave.
Allow you to return to your job after your maternity leave, or to a suitable alternative if your role no longer exists.
As an employee, you have important rights and protections when requesting maternity leave:
You are entitled to take up to 52 weeks’ maternity leave, made up of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.
You may be eligible for Statutory Maternity Pay (SMP) or Maternity Allowance, depending on your circumstances.
You are protected from discrimination or dismissal related to your pregnancy, maternity leave, or childbirth.
If you have any concerns about your employer’s response or if you face difficulties requesting maternity leave, you can seek advice from your HR department, a trade union representative, or an employment adviser.
What if I miss the notice deadline? If you cannot give notice on time, try to inform your employer as soon as possible. They should make reasonable allowances if there is a good reason, such as an early or unexpected birth.
Can my employer ask for more information? Your employer can only ask for the MATB1 certificate to confirm your pregnancy and due date. They cannot ask for additional medical details.
Will my job be kept open for me? Yes, you have the right to return to your job after maternity leave. If your job no longer exists, your employer must offer you a suitable alternative role with the same terms and conditions.
Taking these steps will help ensure your maternity leave is properly arranged and your rights are protected. If you need additional support, don’t hesitate to reach out to your employer or a professional adviser.
Paternity Leave
Paternity leave is a statutory right in the UK that allows new fathers or partners of mothers, including same-sex partners, to take time off work following the birth or adoption of a child. The purpose of paternity leave is to support the partner and help care for the new child during the early stages of family life.
To qualify for statutory paternity leave, you must meet certain criteria:
Employment Status: You must be an employee (not a worker or self-employed).
Length of Service: You need to have worked for your employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth, or by the end of the week you are notified you have been matched with a child for adoption.
Relationship to the Child: You must be the father, the mother’s partner, or the intended parent (if using a surrogacy arrangement). You must also be responsible for the child’s upbringing.
Notice Requirements: You must provide your employer with the correct notice (see below).
If you meet these conditions, you are entitled to paternity leave regardless of the number of hours you work or your pay level.
Eligible employees can take either one week or two consecutive weeks of paternity leave. The leave cannot be taken as odd days or split into separate weeks. You can choose to start your leave on:
The day the baby is born,
A specific date after the birth,
A set number of days after the birth.
Paternity leave must be completed within 56 days of the birth (or the placement of the child for adoption).
Example: If your baby is born on 1st July, you can take up to two weeks of paternity leave any time up to 25th August.
Most employees who qualify for paternity leave will also be eligible for Statutory Paternity Pay (SPP). As of April 2024, SPP is paid at either £172.48 per week or 90% of your average weekly earnings (whichever is lower). This payment is subject to tax and National Insurance.
To qualify for SPP, you must:
Meet the eligibility criteria for paternity leave,
Earn at least £123 per week (before tax) in the eight weeks leading up to the 15th week before the baby is due,
Give your employer the correct notice.
Some employers offer enhanced paternity pay as part of their workplace policies, so it’s worth checking your employment contract or staff handbook for any additional benefits.
You must give your employer at least 15 weeks’ notice before the expected week of childbirth (or within seven days of being matched with a child for adoption). Your notice should include:
The expected date of birth (or placement),
The length of leave you wish to take (one or two weeks),
The date you want your leave to start.
Notice can be given in writing or verbally, but it’s best to keep a written record for your own reference. If you want to change the start date or the length of your leave, you should give your employer at least 28 days’ notice before the new start date.
Can I take paternity leave if I work part-time? Yes, paternity leave is available to all eligible employees regardless of whether you work full-time or part-time.
Can both parents take leave at the same time? Yes, if both parents are eligible, maternity and paternity leave can be taken at the same time.
Is my job protected while I’m on paternity leave? Yes, you are entitled to return to the same job after your paternity leave, with the same terms and conditions.
Paternity leave is designed to help you support your family during an important time. Understanding your rights ensures you can make the most of this opportunity and balance your work and family life effectively.
Eligibility for Paternity Leave
In the UK, paternity leave is available to employees who meet certain legal requirements. Understanding whether you qualify is the first step to making use of your rights when your child is born or adopted.
To qualify for paternity leave, you must be one of the following in relation to the child:
The biological father of the child
The spouse, civil partner, or partner of the mother (including same-sex partners)
The intended parent (if you are having a baby through a surrogacy arrangement)
You do not need to be married to the child’s mother, but you must have, or expect to have, responsibility for the child’s upbringing.
Paternity leave is only available to employees, not to workers or self-employed individuals. To qualify, you must:
Be employed by your employer up to the date the child is born or placed for adoption
Have worked continuously for your employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth, or by the week you are notified of being matched with your adopted child
This means agency workers, freelancers, and contractors are generally not eligible for statutory paternity leave, although some employers may offer enhanced or contractual paternity leave to a wider group.
You must also:
Give your employer the correct notice (at least 15 weeks before the baby is due, or within 7 days of being matched with a child for adoption)
Only take paternity leave to care for the child or support the mother or primary adopter
You can only take one period of paternity leave per pregnancy or adoption, even if more than one child is born or adopted at the same time.
If you are the partner of a pregnant woman, have worked for your employer for over six months by the qualifying week, and plan to help care for the baby, you will usually be eligible. However, if you started your job after the qualifying week, or are self-employed, you would not be entitled to statutory paternity leave.
Can I take paternity leave if I am adopting? Yes, the same eligibility rules apply if you are adopting a child, as long as you are not taking adoption leave yourself.
What if I have more than one job? Eligibility is assessed separately for each employer. You may be able to take paternity leave from both jobs if you meet the criteria with each employer.
What if my employment is temporary or fixed-term? As long as you meet the continuous employment requirement, you are still eligible, even if your contract is due to end soon after the birth or adoption.
Understanding your eligibility ensures you can plan ahead and make the most of your rights as a new or expectant parent. If you are unsure about your status, check your employment contract or speak to your employer’s HR department for clarification.
Length and Timing of Paternity Leave
In the UK, eligible employees are entitled to take statutory paternity leave when their partner has a baby, adopts a child, or has a baby through surrogacy. The rules for paternity leave are set out in the Employment Rights Act 1996 and the Paternity and Adoption Leave Regulations 2002.
Statutory paternity leave is either one week or two consecutive weeks—the choice is up to the employee. The leave cannot be taken as odd days or split into separate weeks. For example, you cannot take one week when the baby is born and save the second week for later; the two weeks must be taken together if you choose to take the full entitlement.
If your partner gives birth on 1st March, you could choose to take one week off from 2nd to 8th March, or two consecutive weeks from 2nd to 15th March.
Paternity leave must be taken within 56 days (eight weeks) of the child’s birth, adoption placement, or surrogacy birth. The earliest you can start your leave is on the day the child is born or placed with your family, or a later date agreed with your employer.
You do not have to start your paternity leave on the exact day of the birth or placement. Some parents prefer to wait until the baby and mother come home from hospital, or until other family help is available. As long as your leave finishes within 56 days of the birth or placement, you can choose the timing that best suits your family’s needs.
If your baby is born on 10th June, you could start your paternity leave immediately, or wait until 1st July if that suits your family better, as long as your last day of leave is before 5th August (56 days after the birth).
You must give your employer at least 15 weeks’ notice before the baby’s due date about when you want your leave to start and how long you plan to take. If the baby arrives early or late, you can adjust your start date as long as your leave ends within the 56-day window.
Can I split my two weeks of paternity leave? No, the law requires that paternity leave is taken in a single block of one or two consecutive weeks.
What if my baby is born prematurely? You can start your paternity leave as soon as the baby is born, even if it is earlier than expected, but your leave must still be completed within 56 days of the birth.
Can I take paternity leave at the same time as my partner’s maternity leave? Yes, paternity leave can be taken at the same time as your partner’s maternity leave, or at a different time, depending on what works best for your family.
Understanding the rules around the length and timing of paternity leave can help you make the most of this important time with your new child. If you have any doubts or special circumstances, it’s a good idea to discuss your plans with your employer as early as possible.
Paternity Pay
If you are becoming a parent, you may be entitled to receive Statutory Paternity Pay (SPP) while you take time off work to care for your new child. SPP is designed to help eligible employees take paid leave when their partner has a baby, adopts a child, or has a baby through surrogacy.
To qualify for SPP, you must meet specific criteria set out in the Employment Rights Act 1996 and the Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2002. You are eligible if:
You are an employee (not self-employed).
You have worked for your employer continuously for at least 26 weeks by the end of the ‘qualifying week’ (the 15th week before the baby is due, or the week you are matched with a child for adoption).
You are taking time off to support the mother or care for the child.
You are the child’s biological father, the mother’s partner, or the intended parent (in surrogacy cases).
You earn at least the lower earnings limit (LEL) for National Insurance contributions, which is reviewed annually (£123 per week for the 2023/24 tax year).
Statutory Paternity Pay is paid for up to two weeks. The amount you receive is the lower of:
£172.48 per week (for the 2023/24 tax year), or
90% of your average weekly earnings.
If your average weekly earnings are less than £172.48, you will receive 90% of your actual earnings. If they are higher, you will receive the flat rate of £172.48.
If you earn £200 per week, 90% of your earnings is £180. Since this is more than the statutory rate, you will receive £172.48 per week. If you earn £120 per week, 90% is £108, so you would receive £108 per week.
Your average weekly earnings are calculated based on the eight-week period up to and including the qualifying week. Your employer will use your gross pay (before tax and National Insurance) for this calculation.
SPP is paid in the same way as your normal wages—usually on your usual payday, with tax and National Insurance deducted. You can choose to take either one week or two consecutive weeks of paternity leave and pay; you cannot take odd days or split the weeks.
When should I tell my employer? You must inform your employer at least 15 weeks before the baby is due (or within seven days of being matched with a child for adoption) about your intention to take paternity leave and claim SPP.
What if my employer offers more? Some employers offer enhanced paternity pay. Check your employment contract or staff handbook to see if you are entitled to more than the statutory minimum.
What if I have more than one job? If you have more than one employer and meet the eligibility criteria for each, you can claim SPP from both employers.
What if I don’t qualify? If you do not meet the eligibility requirements for SPP, you may still be able to take unpaid paternity leave. Discuss your options with your employer.
Understanding your rights to paternity pay can help you plan your time off and finances during this important period. If you have any doubts about your entitlement, speak to your employer or seek advice to clarify your position.
How to Request Paternity Leave
Requesting paternity leave in the UK is a straightforward process, but it’s important to follow the correct steps to ensure you receive your entitlements. Here’s what you need to know about notice requirements, providing evidence, and your rights as an employee.
To qualify for Statutory Paternity Leave, you must give your employer sufficient notice. According to the Employment Rights Act 1996 and the Paternity and Adoption Leave Regulations 2002, you should inform your employer at least 15 weeks before the expected week of childbirth. If you are adopting, you must give notice within seven days of being matched with a child.
Your notice should include:
The expected week of childbirth (or date of placement for adoption).
The date you want your paternity leave to start.
Whether you wish to take one week or two consecutive weeks of leave.
You do not have to give notice in writing unless your employer requests it, but it’s a good idea to keep a written record for your own reference.
Your employer may ask you to provide evidence that you are eligible for paternity leave and pay. This is usually done by completing a self-certificate form known as SC3 (for birth) or SC4 (for adoption). On this form, you confirm that:
You are the baby’s biological father, the mother’s partner, or the adopter’s partner.
You are taking leave to care for the child or support the mother/adopter.
You meet the employment and earnings requirements.
You should return the completed form to your employer as soon as possible, but no later than 28 days before you want your paternity pay to start.
Once you have given proper notice and, if asked, provided the necessary evidence, your employer must allow you to take your paternity leave. By law, you are entitled to:
Take either one week or two consecutive weeks of paternity leave (not odd days or separate weeks).
Choose to start your leave on the day the child is born, a set number of days after the birth, or a specific date agreed with your employer.
Receive Statutory Paternity Pay if you meet the qualifying conditions.
During your paternity leave, your employment rights are protected. This means you continue to build up holiday entitlement, and your pension contributions and other benefits should remain unchanged. Your employer cannot treat you unfairly or dismiss you for taking or requesting paternity leave.
If your employer refuses your request or you encounter problems, you have the right to raise a grievance and, if necessary, take your complaint to an employment tribunal.
Give notice as early as possible to help your employer plan for your absence.
Keep copies of any forms or correspondence.
If your circumstances change (for example, the baby is born early), inform your employer as soon as you can.
Understanding your rights and following the correct procedure helps ensure a smooth process for both you and your employer when requesting paternity leave.
Parental Leave
Parental leave is a legal right that allows eligible employees in the UK to take time off work to care for their child or make arrangements for their welfare. This type of leave is designed to help parents balance their work and family responsibilities, particularly in the early years of a child’s life or when a child is newly placed for adoption.
Parental leave is intended for parents to spend more time with their children, look after their wellbeing, or deal with special circumstances, such as settling a child into new childcare arrangements or supporting a child with a medical condition. It is separate from maternity and paternity leave, and can be used flexibly throughout your child’s early years.
To qualify for parental leave, you must:
Be an employee (not a worker or self-employed).
Have at least one year of continuous service with your employer by the time you want to take the leave.
Be named on the child’s birth or adoption certificate, or have (or expect to have) parental responsibility for the child.
Both mothers and fathers, as well as adoptive parents and those with formal parental responsibility, can qualify. Parental leave can be used for each child you are responsible for, not just once per parent.
Under the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999, each eligible parent can take up to 18 weeks of parental leave for each child. This entitlement applies up to the child’s 18th birthday.
There are some conditions on how leave can be taken:
You can take a maximum of 4 weeks’ parental leave per child per year, unless your employer agrees to more.
Leave must usually be taken in whole weeks (not odd days), unless your child is disabled or your employer allows otherwise.
A ‘week’ is based on your normal working pattern. For example, if you work three days a week, one week of parental leave equals three days.
Parental leave can be taken at any time up until the child’s 18th birthday.
Parental leave is generally unpaid. Employers are not legally required to pay you during this time off, although some may offer enhanced arrangements as part of their employment policies. It’s a good idea to check your contract or staff handbook to see if your employer provides any paid parental leave benefits.
To take parental leave, you must give your employer at least 21 days’ notice before you want the leave to start. It’s best to put your request in writing, stating the dates you wish to take off and how many weeks you intend to take.
Employers can postpone your parental leave for up to six months if they have a valid business reason (for example, if your absence would disrupt the business), but they cannot refuse your right to take it. However, they cannot postpone leave if you are taking it immediately after your child is born or placed for adoption.
It’s important to keep a record of your requests and your employer’s responses. If you have any concerns about your entitlement or if your request is delayed or refused without a valid reason, you may wish to seek further advice.
Plan your leave in advance and discuss your intentions with your employer as early as possible.
Check your employer’s parental leave policy for any additional benefits or requirements.
Remember, parental leave is separate from annual leave and other types of family-related leave.
Understanding your rights around parental leave can help you make informed decisions about balancing work and family life, and ensure you get the support you need as a parent.
Eligibility for Parental Leave
To qualify for parental leave in the UK, certain conditions must be met. Understanding these requirements will help you determine whether you can take advantage of this important right.
Parental leave is available to employees who have completed at least one year of continuous service with their employer. This means you must have been employed by the same employer for a full year before you can request parental leave.
It is important to note that parental leave is a statutory right under the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999. Only employees are eligible—agency workers, contractors, and the self-employed are not covered by these rules.
You do not need to be the biological parent to qualify. Adoptive parents and those with formal parental responsibility (as defined under the Children Act 1989) are also eligible. This includes step-parents and guardians, provided they have legal parental responsibility for the child.
Parental leave can only be taken to care for a child up to their 18th birthday. This applies to both birth and adopted children. Once your child turns 18, you are no longer entitled to take parental leave for that child, even if you have not used your full entitlement.
For example, if you have a 16-year-old child and have not yet used any parental leave, you may still take leave until your child turns 18. However, any unused leave cannot be carried forward once your child reaches this age.
Suppose you have worked for your employer for two years and have a 10-year-old adopted daughter. You can request parental leave to spend time with her, whether it’s to settle her into a new school or care for her during school holidays, as long as you have parental responsibility.
What if I change employers? If you move to a new employer, your length of service resets. You must complete one year of continuous employment with your new employer before you can qualify for parental leave again.
Do both parents get parental leave? Yes, if both parents are employees with at least one year’s service and have parental responsibility, each can take their own entitlement to parental leave for the same child.
Can I take parental leave for more than one child? Yes, your entitlement applies to each child for whom you have parental responsibility, up to their 18th birthday.
Understanding these eligibility rules ensures you make the most of your rights as a working parent. If you meet the criteria, you can plan ahead and use parental leave to support your family when you need it most.
Length and Conditions of Parental Leave
In the UK, parental leave is a statutory right that allows eligible employees to take time off work to look after their child’s welfare. The rules around the length and use of parental leave are set out in the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999.
Each parent can take up to 18 weeks of unpaid parental leave for each child. This entitlement applies to each child, not per employment, and is available until the child’s 18th birthday. For example, if you have two children, you could take up to 36 weeks of parental leave in total—18 weeks for each child.
Parental leave is generally taken in blocks of one week or more. The minimum amount you can take at one time is one week, unless your child is disabled, in which case you can take leave in single days if needed. You do not have to use all 18 weeks at once; the leave can be spread out over the years until your child turns 18.
There is a limit to how much leave you can take each year. You cannot take more than four weeks of parental leave per child in any one year, unless your employer agrees to a higher limit. For example, if you wish to take the full 18 weeks, you would usually need to spread this over at least five years.
You must give your employer at least 21 days’ notice before you intend to take parental leave. The notice should be in writing and state the start and end dates of the leave you wish to take. If you are adopting, you should give notice 21 days before the expected week of placement.
While parental leave is a legal right, your employer can postpone your leave if they have a valid business reason. For example, if too many employees request leave at the same time or if your absence would cause significant disruption to the business, your employer can delay your leave for up to six months from the date you originally wanted to start. However, your employer must:
Consult with you about the reasons for postponement;
Confirm the new start and end dates in writing within seven days of your original request.
Your employer cannot postpone leave if you are taking it immediately after your child is born or placed for adoption.
Plan your parental leave well in advance and discuss your intentions with your employer to avoid disappointment.
Make your request in writing and keep a copy for your records.
If your employer refuses your request or postpones your leave without a valid reason, seek advice or consider raising a formal grievance.
Understanding these rules can help you make the most of your parental leave and balance your work and family commitments effectively.
Parental Leave Pay
In the UK, statutory parental leave is generally unpaid. This means that, under the law, most employees who take parental leave will not receive their usual salary or wages during this period.
According to the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999, eligible parents can take up to 18 weeks of unpaid parental leave for each child, up to their 18th birthday. This leave is designed to help parents care for their child, cover emergencies, or spend more time with their family, but it does not come with a statutory right to pay.
While statutory parental leave is unpaid, some employers choose to offer enhanced parental leave pay as part of their employment contracts or workplace policies. This is sometimes referred to as “contractual parental leave pay.” The terms and amount of any payment will depend on your employer’s policy, so it is important to check your employment contract or staff handbook.
In addition, you may be able to use paid annual leave (holiday) at the same time as parental leave, but this must be agreed with your employer in advance. This can help provide some income during your time away from work.
Although statutory parental leave is unpaid, you may be eligible for other types of financial support, depending on your circumstances:
Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP), or Shared Parental Pay (ShPP): These are separate from parental leave and have their own eligibility criteria and application processes.
Universal Credit or Child Benefit: If your household income drops while you are on unpaid leave, you may qualify for additional government support.
Check Your Employment Contract: Some employers offer enhanced leave or pay, so always review your contract or speak to your HR department.
Plan Ahead: Since parental leave is normally unpaid, consider your financial situation before requesting leave and explore any benefits you might be entitled to.
Speak to Your Employer: If you are unsure about your pay rights while on parental leave, ask your employer for clarification in writing.
Can I get paid for parental leave if I have more than one child? The unpaid parental leave entitlement is per child, but payment is not provided by law regardless of the number of children.
Can I combine paid annual leave with unpaid parental leave? Yes, if your employer agrees, you can take paid holiday at the same time as parental leave to help cover your income.
Will taking unpaid parental leave affect my pension or other benefits? During unpaid parental leave, you remain an employee and continue to build up your employment rights, such as pension contributions, as long as you meet your employer’s scheme rules.
Understanding the rules around parental leave pay helps you make informed decisions about balancing work and family life. If you need further advice, consider speaking to your employer or a legal adviser.
How to Request Parental Leave
If you are eligible for parental leave in the UK, it’s important to follow the correct process to ensure your rights are protected and your employer is properly informed. Here’s what you need to know about requesting parental leave:
Under the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999, you must give your employer at least 21 days’ notice before you intend to take parental leave. This notice should be in writing, and it’s a good idea to keep a copy for your own records.
If you are requesting leave around the time your child is born or placed for adoption, you should give notice at least 21 days before the expected week of childbirth or adoption placement. If this isn’t possible (for example, if your child is born early), let your employer know as soon as you can.
When making your request, you should include:
The start date and end date of the leave you want to take.
The amount of leave you wish to use (parental leave is usually taken in blocks of a week, up to four weeks per child per year).
The name and date of birth of the child for whom you are requesting leave.
If you have more than one child, you can request leave for each, but remember the total parental leave per child is capped at 18 weeks until their 18th birthday.
Your employer should respond to your request in a reasonable time. They cannot refuse your right to take parental leave if you meet the eligibility criteria. However, they may postpone your leave for up to six months if the business would be unduly disrupted, unless:
The leave is requested immediately after the birth or adoption of a child.
It would mean you lose your entitlement (for example, if your child is nearing their 18th birthday).
If your employer needs to postpone your leave, they must:
Write to you within seven days of your request.
State the reason for the postponement.
Suggest new dates for the leave, which should be within six months of your original request.
During parental leave, your employment rights are protected. This means you continue to accrue holiday, and your right to return to the same or a similar job is safeguarded.
Can I split my parental leave? Yes, you don’t have to take all your parental leave at once. It can be taken in blocks of a week (or a day if your child is disabled).
What if I need to take leave at short notice? In emergencies, speak to your employer as soon as possible. While the law requires 21 days’ notice, employers may be flexible in urgent situations.
Does parental leave have to be paid? Parental leave is usually unpaid, but check your employment contract or staff handbook, as some employers offer enhanced terms.
By following these steps and communicating clearly with your employer, you can use your parental leave entitlement with confidence and clarity.
Additional Considerations and Related Leave Types
When planning maternity, paternity, or parental leave, it’s important to understand how these rights interact with other types of leave and what protections you have as an employee. Here’s what you need to know to make informed decisions and ensure a smooth transition before, during, and after your time away from work.
Maternity, paternity, and parental leave are separate from other forms of statutory leave, but they can sometimes overlap or be taken in combination, depending on your circumstances:
Holiday Entitlement: While you are on maternity, paternity, or parental leave, you continue to accrue your usual paid annual leave. You can choose to take your Holiday Entitlement before or after your period of statutory leave, which can help you extend your time off or ease your return to work.
Sick Leave: If you become unwell during pregnancy or after childbirth, you may be entitled to Sick Leave & Sick Pay. If sickness occurs before your maternity leave starts, and it’s related to your pregnancy within the last four weeks before your due date, your maternity leave may begin automatically. After maternity or paternity leave, normal sick leave rules apply.
Caregiver Leave: If you need time off to care for a dependent who is ill or requires support, you might be eligible for Caregiver Leave. This is separate from parental leave and can be used in addition to your maternity or paternity rights.
UK law provides strong protection for employees taking family-related leave:
Right to Return: After ordinary maternity or paternity leave, you have the legal right to return to the same job under the same terms and conditions. If you take additional maternity leave (more than 26 weeks), you are entitled to return to your original job, or if that’s not reasonably practicable, to a suitable alternative with similar terms.
Protection from Unfair Treatment: It is unlawful for your employer to treat you unfairly, dismiss you, or select you for redundancy because you have taken or requested maternity, paternity, or parental leave. The Employment Rights Act 1996 and the Equality Act 2010 offer these protections.
Continuity of Employment: Your period of leave counts towards your length of service, which can affect redundancy pay, pension rights, and eligibility for other benefits.
In addition to maternity, paternity, and parental leave, you may be entitled to other forms of leave depending on your situation:
Caregiver Leave: For employees who need to take time off to care for adult dependents or family members with long-term needs, Caregiver Leave provides further support.
Sick Leave & Sick Pay: Pregnancy and childbirth can sometimes lead to health complications. Understanding your rights to Sick Leave & Sick Pay can help you manage unexpected absences.
Good planning and open communication are key to making the most of your leave entitlements:
Notice Requirements: Always check how much notice you need to give your employer before taking leave. Typically, you must inform your employer at least 15 weeks before your baby is due for maternity leave, and at least 15 weeks before the expected week of childbirth for paternity leave.
Discuss Your Plans: Talk to your employer early about your intended leave dates, any flexibility you might need, and how your workload will be managed in your absence.
Combining Leave: Consider how you might combine different types of leave, such as taking annual leave immediately before or after maternity or parental leave, to maximise your time off.
Returning to Work: Plan your return in advance and discuss any adjustments you may need, such as flexible working arrangements or a phased return.
Understanding your rights and options helps ensure you are protected and supported throughout your time away from work. If you need more information about specific leave types like Holiday Entitlement, Caregiver Leave, or Sick Leave & Sick Pay, explore our related guides for further details.
Returning to Work and Employment Rights
After taking maternity, paternity, or parental leave, UK law gives you strong protections to help ensure a smooth return to work. Understanding your rights can help you plan your return and address any issues that may arise.
If you take maternity, paternity, adoption, or shared parental leave, you have the right to return to your job under the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999.
Maternity and Adoption Leave: If you take up to 26 weeks of Ordinary Maternity Leave or Adoption Leave, you are entitled to return to exactly the same job on the same terms and conditions.
Additional Leave: If you take more than 26 weeks (known as Additional Maternity or Adoption Leave), you still have the right to return to your original job unless it is not reasonably practicable. If that’s the case, your employer must offer you a suitable alternative job with similar terms and conditions.
Paternity and Parental Leave: After Ordinary Paternity Leave (up to 2 weeks) or up to 4 weeks of unpaid Parental Leave, you also have the right to return to your old job.
It is unlawful for your employer to dismiss you or treat you unfairly because you have taken or plan to take maternity, paternity, or parental leave. This is protected under the Equality Act 2010 and the Employment Rights Act 1996.
Unfair Dismissal: You cannot be dismissed for taking leave, or for any reason connected to your pregnancy, childbirth, or caring responsibilities. If you are dismissed, you may have grounds to claim unfair dismissal.
Discrimination: Employers must not discriminate against you because you are pregnant, on maternity leave, or have taken paternity or parental leave. This includes being overlooked for promotion, pay rises, or training opportunities.
If you believe you have been treated unfairly, you can raise a grievance with your employer or seek advice from an employment adviser.
Sometimes, you may wish to change your working conditions when you return, or your employer may propose changes.
Requesting Flexible Working: All employees have the legal right to request flexible working, such as part-time hours, job sharing, or remote work, after 26 weeks of continuous employment. Your employer must consider your request in a reasonable manner, though they can refuse it for valid business reasons.
Consultation on Changes: If your employer wants to change your role, hours, or location, they must consult you and seek your agreement. Any significant changes to your contract require your consent.
Reasonable Adjustments: If you experience health issues related to pregnancy or childbirth, your employer may need to make reasonable adjustments to support your return.
Stay in Touch: Keep communication open with your employer during your leave, especially if you’re considering changes to your working pattern.
Use Keeping in Touch Days: During maternity or adoption leave, you can work up to 10 paid ‘Keeping in Touch’ days to ease your transition back.
Plan Ahead: Notify your employer in writing if you wish to return early or request flexible working, giving as much notice as possible.
If you face any difficulties when returning to work, seek advice early to understand your rights and the best way to resolve any issues. Your legal protections are designed to support you as you balance work and family life.
Planning and Communicating Leave
When you’re preparing to take maternity, paternity, or parental leave, planning ahead and communicating clearly with your employer is essential. Not only does this help your workplace manage your absence, but it also ensures your rights are protected under UK law. Here’s how to approach these conversations and what you need to know about notice periods and documentation.
Open and honest communication with your employer can make the process smoother for everyone involved. Consider the following steps:
Start Early: As soon as you know you’ll need leave, begin thinking about how your absence might affect your work and your team. Early discussions allow everyone more time to plan.
Be Clear About Your Needs: Clearly state the type of leave you intend to take (maternity, paternity, or parental leave), your expected dates, and any flexibility you may need.
Prepare for the Conversation: Review your company’s policies and the relevant legal requirements beforehand. This helps you ask informed questions and address any concerns.
Discuss Handover Plans: Offer to help with handover notes or training for colleagues who will cover your responsibilities. This shows consideration for your team and can ease the transition.
Keep Records: After meetings or conversations, follow up with an email summarising what was discussed. This creates a record in case of any misunderstandings later.
UK law sets out clear requirements for notifying your employer about your intention to take family-related leave:
Maternity Leave: You must inform your employer at least 15 weeks before your baby is due. You’ll need to confirm your expected week of childbirth and the date you intend to start your leave. Your employer may ask for a MATB1 certificate from your doctor or midwife as evidence of your pregnancy.
Paternity Leave: Notice must be given at least 15 weeks before the baby is due (for birth parents) or as soon as reasonably practical (for adoptive parents). You’ll need to provide details of the due date, when you want your leave to start, and how long you intend to be off.
Parental Leave: At least 21 days’ notice is required before you intend to take unpaid parental leave. This applies to each period of leave you wish to take.
Providing the correct notice and documentation is vital. If you don’t, you could risk delaying your leave or missing out on pay entitlements. Employers cannot refuse statutory leave if you meet the legal requirements, but they can delay unpaid parental leave for up to six months if your absence would seriously disrupt the business.
Understanding your rights and responsibilities can be complicated, especially if your situation is unique or your employer has additional policies. If you’re unsure about anything, you can seek advice from government resources, trade unions, or workplace advisory services. These organisations can help you navigate the process, answer specific questions, and support you if you face any issues at work related to your leave.
Remember, planning ahead and keeping your employer informed will help ensure a smoother experience for everyone, allowing you to focus on your family during this important time.
