5 Things You Need to Know About Maternity and Paternity Leave

Here at RDC Solicitors, we understand that ensuring compliance with maternity and paternity rights is vital for both employees and employers. Navigating the legal landscape can be complex, so here are five essential points to help you support your staff effectively and lawfully.

1. Length of Leave: How Much Time Off Is Allowed

Maternity leave

All pregnant employees are entitled to up to 52 weeks of leave, which is made up of 26 weeks of Ordinary Maternity Leave (OML) and a further 26 weeks of Additional Maternity Leave (AML). This is a day‑one employment right; there is no minimum service period required.

Paternity leave

Eligible employees i.e. biological fathers or partners can take 1 or 2 weeks of statutory paternity leave. It must be taken in a single block (or two consecutive weeks in Northern Ireland) within 52 weeks of birth.

Shared Parental Leave (SPL)

After the mandatory maternity leave, a couple can share up to 50 weeks of leave, with 37 weeks paid. This gives flexibility but is often under-used due to complexity.

Neonatal Care Leave

From 6 April 2025, eligible employees caring for a baby needing neonatal care can take up to 12 weeks’ leave, paid at the statutory rate, regardless of the length of service.

2. Pay Entitlements: Statutory vs. Contractual Pay

Statutory Maternity Pay (SMP)

90% of average weekly earnings for the first 6 weeks, followed by £184.03 per week (or 90% of earnings if lower) for the next 33 weeks.

Statutory Paternity Pay (SPP)

Either 90% of average weekly earnings or £187.18 per week (whichever is lower), for up to 2 weeks.

Shared Parental Pay (ShPP)

Derived from unused SMP; couples share up to 37 weeks paid leave.

Enhanced Contractual Pay

Employers may offer more generous packages, for example full pay for a period of time. Therefore, it's essential to clearly differentiate statutory minimums from any enhanced entitlements.

3. Eligibility & Notice Requirements

Maternity Leave/SMP

Pregnant employees must inform their employer by the 15th week before the expected week of childbirth, specifying intended leave dates.

Paternity Leave/SPP:

The partner or parent must notify the employer at least 15 weeks before the due date of intent to take 1 or 2 weeks’ leave. They must also declare average earnings covering 26 out of 66 weeks prior to the baby’s due date for SPP eligibility.

Notice to change leave must be provided 28 days in advance for paternity, shared, or neonatal care leave, and employers should confirm all dates in writing and keep records of correspondence and declarations.

4. Employment Rights During Leave

Employees taking statutory leave are entitled to the following:

• Continued employment rights, for example, accruing holidays and receiving pay rises.
• Protection from dismissal or detriment due to pregnancy, childbirth, or taking leave.
• The right to return to the same job (after OML), or a suitable one on equivalent terms after AML.

Employers must also allow:

• Expectant mothers to have reasonable paid time off for antenatal appointments.
• Partners to have two unpaid leave days to accompany the mother to appointments.

5. New & Emerging Rights

Neonatal care leave

• From April 2025, employees are entitled to up to 12 weeks of paid leave at statutory rate for parents of babies who’ve spent at least 7 consecutive days in neonatal care.

Day‑One Rights

• The new Employment Rights Bill will extend unmarried partners’ rights to paternity leave and unpaid parental leave from day one of employment.

Upcoming Reforms

The government has recently launched an independent review of parental leave and pay, aiming to modernise and simplify the system, with potential enhancements to paternity and shared leave.

Cultural Shift

Campaigns like the “Dad Strike” and calls from MPs for six weeks of paid paternity leave are placing pressure on both government and employers to promote equitable leave uptake.

How RDC Solicitors Can Help

Maternity and paternity rights in the UK have evolved significantly and will no doubt continue to do so. As a business with deep expertise in employment law, RDC Solicitors help ensure your organisation meets all statutory obligations, supports employees through key life events and prepares for future changes in legislation.

By getting your maternity and paternity leave policies right, you can rest assured that you have reduced legal risk and reputational damage, enhanced employee wellbeing and loyalty, as well as positioned your business as a family‑friendly employer

Get In Touch

If you're reviewing your maternity, paternity, shared parental, or neonatal care leave policies, or need bespoke advice ahead of upcoming legislative changes, contact RDC Solicitors on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.