Statutory Maternity and Family Leave: Employer's Guide

Two words that put small employers in a spin

There is a moment most small business owners remember, long before they have given statutory maternity pay a second thought. A valued team member asks for a quiet word, looks a bit nervous, and says "I'm pregnant." You are genuinely pleased for them. About half a second later, a second voice in your head says "how am I going to cover this, and what is it going to cost?"

Both reactions are completely normal. The good news is that maternity, adoption and the wider family leave rules are far more manageable than they feel from the spinning-room moment. Most of it is process, and most of the cost is recoverable.

This is the employer's how-to. If you just want to look up this year's pay rates, that lives in our UK statutory pay rates cheat sheet. Those numbers change every April, so always read the current figure rather than a number in an old blog. Here we focus on the bits that actually trip people up. Notice, cover, pay mechanics, protections and the return to work.

Hazel, our Chief Wellbeing Officer, would like it noted that she fully supports parental leave, provided someone is left in charge of the biscuits.

Quick Answer Box

• Do this: get the notice and paperwork right, plan cover early, and keep in touch during leave.
• Avoid this: panicking about cost. Most statutory pay is recoverable. Never treat a pregnant employee differently.
• Write down: leave dates, the pay you will pay, KIT days used, and any return to work arrangements.

The leave: what an employee is entitled to

A pregnant employee has the right to up to 52 weeks of Statutory Maternity Leave, regardless of how long they have worked for you or how many hours they do. It splits into:

• 26 weeks of Ordinary Maternity Leave
• 26 weeks of Additional Maternity Leave

They do not have to take all 52 weeks, but there is a compulsory minimum. By law a new mother must take at least two weeks off immediately after the birth. It is four weeks if she works in a factory. That part is not optional, for health and safety reasons.

The full picture is on maternity pay and leave (gov.uk) and the practical day-to-day guidance is well covered by ACAS on maternity leave and pay.

Antenatal care comes first

Before any of the leave admin, remember that a pregnant employee is entitled to reasonable paid time off for antenatal care. Appointments, check-ups and classes all count. "Reasonable" includes travel time. The partner of a pregnant woman is also entitled to unpaid time off to attend up to two antenatal appointments. Plan around these rather than grumbling about them.

Statutory Maternity Pay: how it actually works

This is the part people most want pinned down, so here is the mechanism without a figure, because the flat rate moves each April.

• Statutory Maternity Pay, SMP, is paid for up to 39 weeks
• the first 6 weeks are paid at 90% of the employee's average weekly earnings
• the remaining 33 weeks are paid at the lower of a flat statutory rate or 90% of average weekly earnings

For the current flat rate, see the statutory pay rates cheat sheet or gov.uk. To qualify for SMP, an employee generally needs around 26 weeks of continuous service by the qualifying week. That is the 15th week before the baby is due. They also need average earnings at or above the Lower Earnings Limit.

If someone does not qualify for SMP, they may be able to claim Maternity Allowance through gov.uk instead. SMP is paid by you through payroll like a wage. Maternity Allowance is claimed by the employee from the state.

The bit that calms nervous owners: you get most of it back

This is what too many small employers do not realise. You can reclaim the large majority of the SMP you pay out through your payroll. Smaller employers can usually reclaim an even higher proportion under Small Employers' Relief. So the cash flow stings, but the net cost to the business is far smaller than the headline. Check the current recovery percentages before you budget, because they are set by HMRC and can change.

Keeping in touch, KIT days

An employee on maternity or adoption leave can do up to 10 keeping in touch days without losing their statutory pay or bringing their leave to an end. KIT days are:

• entirely optional, on both sides. You cannot insist, and neither can they
• agreed in advance
• genuinely useful for training, a team day, a handover or easing back in before the official return

Used well, KIT days make the return smoother for everyone. Used badly, as a way to drag someone back to "just check a few things", they breed resentment. Keep them light and agreed.

Redundancy protection, handle with real care

It is a myth that you can never make someone redundant during pregnancy or maternity leave. A genuine redundancy can still happen. But this is one of the most heavily protected areas in employment law, and the protection got stronger in April 2024.

There is now a protected period running through pregnancy and for 18 months after the birth. During that window, an employee at risk of redundancy must be offered any suitable alternative vacancy ahead of other staff, where one exists. Get the trigger date and the priority rule wrong and a defensible redundancy turns into an automatic unfair dismissal and a discrimination claim.

If a redundancy situation touches anyone who is pregnant, on maternity, adoption or shared parental leave, take advice before you act. The same applies to running a fair process generally, which we cover in our guide on how to make someone redundant fairly.

Adoption leave, it broadly mirrors maternity

If you have never dealt with adoption leave, do not assume it is exotic. The main adopter can take up to 52 weeks of adoption leave and may qualify for Statutory Adoption Pay, which works much like SMP. The principle is the same as maternity. The practical difference is timing and unpredictability.

Things to be aware of with an employee adopting:

• the process is long and emotionally heavy, with assessments and training, often over many months
• a match is not final until the agency decision maker confirms it, so announcements can feel risky to the employee
• statutory notice rules ask for notice that the real world placement timetable does not always allow, so be flexible
• if you enhance maternity or paternity pay, consider enhancing adoption pay to match, for fairness
• if a placement falls through at a late stage, an employee who has started leave keeps some leave entitlement. Either way they may be grieving a loss

There is good background on the process at adoption pay and leave (gov.uk). The single best thing you can do is have a clear adoption policy so the employee is not left guessing.

Neonatal care leave, the newer right

The Neonatal Care, Leave and Pay Act introduced a new right from April 2025. If a baby is admitted to neonatal care within the first 28 days of life and stays for at least seven continuous days, eligible parents can take up to 12 weeks of neonatal care leave. Key points:

• it is on top of maternity, paternity, adoption and shared parental leave, not instead of it
• it is available per child, and can be taken in blocks over a 68 week window from the birth
• statutory neonatal care pay is paid at the usual family leave rate, subject to eligibility, and is recoverable like other statutory payments

For a family living between a hospital ward and work, this matters enormously. Practically, make sure your payroll can handle staggered blocks of leave. Keep your documentation simple and compassionate rather than bureaucratic. Brief managers to handle it gently.

When pregnancy or a baby ends in loss

This is the hardest section, and the one most policies skip. Pregnancy loss and the death of a baby are among the most distressing things anyone experiences, and how you respond as an employer is remembered for life.

A few things to know:

• pregnancy and maternity are protected characteristics, and that protection does not vanish the moment a protected period technically ends. Treating someone badly because of a miscarriage can be discrimination. One employer found this when a dismissal after a miscarriage led to a tribunal award including a sum for injury to feelings
• Parental Bereavement Leave, sometimes called Jack's Law, gives parents two weeks off following the loss of a child under 18 or a stillbirth after 24 weeks
• the Employment Rights Act 2025 is expected to extend bereavement leave to cover pregnancy loss before 24 weeks. This is forthcoming rather than in force, so check the current position before relying on it

Beyond the law, the human basics matter more than the paperwork:

• reach out. Saying "I'm so sorry" is far better than saying nothing for fear of saying the wrong thing
• do not make assumptions about what someone wants. Ask, and listen
• be flexible about how and when they return, and about difficult dates later
• point them to any Employee Assistance Programme you have

When someone cannot return after maternity leave

Sometimes an employee is not well enough to come back when the leave ends. This is a sensitive crossover between maternity and ordinary sickness, so tread carefully.

• keep talking, and understand the medical picture before deciding anything
• consider reasonable adjustments and flexible arrangements. The Equality Act 2010 may require adjustments where there is a disability
• look at whether a phased return or a temporary alternative role would help
• normal sickness and Statutory Sick Pay rules may apply once maternity pay ends, and SSP now starts on day one. See our note on SSP starting on day one

The cardinal sin is rushing to a decision without medical evidence and a fair process. Take advice if it is heading towards capability or dismissal.

A step by step for the whole journey

• Step 1: when the news comes, congratulate them and start a calm conversation, not a panic
• Step 2: confirm the key dates and notice. The qualifying week and leave start for maternity, or matching and placement dates for adoption
• Step 3: do a pregnancy risk assessment where relevant, and review it on return
• Step 4: work out the statutory pay and check your recovery position with payroll
• Step 5: plan cover early, before it becomes urgent
• Step 6: agree any KIT days and stay lightly in touch
• Step 7: plan the return to work, including a catch up and any phased start
• Step 8: keep clean records throughout

Common mistakes, and the fix

• Mistake: panicking about cost. Fix: most statutory family pay is recoverable through payroll
• Mistake: treating a pregnant employee differently "for their own good". Fix: that is how discrimination claims start. Consult them
• Mistake: getting redundancy protection wrong. Fix: respect the protected period and offer suitable alternatives first. Take advice
• Mistake: forgetting holiday keeps accruing during leave. Fix: it does. Plan for it and let it carry over where needed
• Mistake: no adoption or neonatal policy. Fix: write one before you need it, not during a crisis
• Mistake: silence after a loss. Fix: reach out. Saying nothing causes its own harm

A manager script you can use

When someone first shares the news:

"That's lovely news, congratulations. There's nothing for you to worry about on the work side. I'll sort the practical bits, you focus on you, and we'll have a proper chat about timings when you're ready."

If you need to talk about cover and dates:

"I want to plan this well so it's smooth for you and for the team. Can we put the key dates in the diary, agree how much you'd like to stay in touch while you're off, and talk about how you'd like the return to look? Nothing's fixed, we'll shape it together."

What to write down

For every family leave case, keep:

• the notification and key dates. Due date, leave start, placement dates
• the leave type and the statutory pay you will pay
• the pregnancy risk assessment and any review on return
• KIT days agreed and used
• cover arrangements
• return to work plans, including any phased return or adjustments
• in any redundancy situation, evidence that the protected employee was prioritised for suitable alternatives

Bottom line

• up to 52 weeks of maternity leave, with SMP for up to 39 weeks
• most statutory family pay is recoverable, so the net cost is smaller than it looks
• KIT days keep the connection without ending leave
• redundancy protection is strong and now runs 18 months after the birth
• neonatal care leave and adoption leave sit alongside maternity, with their own quirks
• on loss, the human response matters as much as the policy

Right, what do you do now?

If your maternity policy has not been looked at since the 26 week redundancy rules changed, or you have no adoption or neonatal policy at all, that is exactly what an HR Health Check is for. We will check what your contracts and handbook actually say, whether your process matches current law, and where the risk is hiding.

If you would rather talk it through first, book a discovery call. And for the day to day "she's just told me she's pregnant, what do I do" questions, that is precisely what our support packages cover.

Book your free HR Health Check, or arrange a discovery call. Ongoing questions like these are what our HR Advice Line and HR Protect support are built for.