Maternity and Paternity Leave Entitlements Explained

Starting or expanding your family is an exciting and life-changing experience, but one that can also raise questions about your legal rights at work. At RDC Solicitors, we understand how important it is for both parents to know their entitlements when it comes to maternity and paternity leave. In this guide, we break down what you need to know about your rights under UK law, so you can plan with confidence and focus on what matters most.

What Is Statutory Maternity Leave?

If you are pregnant and employed, you are entitled to up to 52 weeks of statutory maternity leave, regardless of how long you have worked for your employer. This is made up of:

• 26 weeks of Ordinary Maternity Leave, and
• 26 weeks of Additional Maternity Leave.

Your employment rights, such as pension contributions and contract terms, are protected throughout this period.

Most women may also qualify for Statutory Maternity Pay (SMP), which is paid for up to 39 weeks, subject to eligibility criteria relating to earnings and length of service. SMP is typically 90% of your average weekly earnings for the first six weeks, followed by the statutory rate for the remaining weeks.

What Are Your Paternity Leave Rights?

Paternity leave gives eligible fathers or partners (including same-sex partners) the right to take up to 1 or 2 weeks’ paid leave following the birth or adoption of a child. This leave must generally be taken in a single block within 52 weeks of the child’s birth or placement.

To qualify for statutory paternity leave and pay, you normally need to have worked continuously for your employer for at least 26 weeks by the qualifying week (around the 15th week before the expected week of childbirth).

Statutory Paternity Pay (SPP) is paid at either:

• 90% of your average weekly earnings, or
• The standard statutory paternity rate (set annually), whichever is lower.

Shared Parental Leave (SPL) – Flexibility for Families

If you and your partner want to share time off work, Shared Parental Leave (SPL) may be an option. This allows eligible parents to divide up to 50 weeks of leave and up to 37 weeks of pay between them after the first two weeks of compulsory maternity leave.

Shared parental leave can be taken in blocks or all together, offering flexibility to support childcare arrangements and shared responsibilities. However, it can be complex in how it interacts with statutory pay and employer policies, so seeking tailored advice is often beneficial.

Additional Rights and Considerations

• Keeping in touch days: During maternity or shared parental leave, you may be able to work a limited number of “keeping in touch” days without losing your entitlement.
• Redundancy protection: Employees on maternity leave have enhanced redundancy protections.
• Neonatal care leave: Recent changes to UK law introduce a right to up to 12 weeks’ paid leave for parents of infants needing neonatal care, which is a valuable support for families with critically ill newborns.
• Notice: You can choose when to start your maternity leave giving adequate notice to your employers. The earliest day you can start your maternity leave is the 11th week before the week the baby is due, and the latest day is on the day after the birth.

Every family’s situation is unique, and pay entitlements, notice requirements, and eligibility criteria vary depending on your employment contract and length of service. That’s why expert legal guidance can make all the difference.

Need Help Understanding Your Rights?

At RDC Solicitors, our Dispute Resolution Department regularly advises on parental rights, employment protections, and related legal matters. Our approachable team will help you understand your entitlements and obligations so you can make informed decisions for your family’s future.

Our Dispute Resolution conducts an initial 30-minute consultation at no cost for a preliminary discussion. To arrange an appointment, please contact one of the team.

Don’t hesitate to get in touch with our friendly and experienced employment law team at RDC Solicitors by calling, Bingley: 01274 723858, Ilkley: 01943 601173, or Bradford: 01274 735511 for a confidential consultation with our family law team.