Maternity Leave Policy Template for UK Businesses
A maternity leave policy sets out the rights and procedures for employees who are pregnant or have recently given birth. UK maternity rights are primarily governed by the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999. Eligible employees are entitled to up to 52 weeks of maternity leave (26 weeks ordinary + 26 weeks additional) and up to 39 weeks of Statutory Maternity Pay (SMP) at £184.03 per week or 90% of average weekly earnings, whichever is lower (for weeks 7-39), with the first 6 weeks paid at 90% of average earnings.
Who Needs This Policy?
All UK employers must comply with maternity leave and pay legislation — there is no small employer exemption. The rights apply to employees (not workers) who meet the qualifying conditions. Even where an employee does not qualify for SMP (e.g., they have not been employed for 26 weeks by the 15th week before the expected week of childbirth), they are still entitled to maternity leave. Employers can recover 92% of SMP paid (or 103% for small employers qualifying for Small Employers' Relief).
What's Covered
This maternity leave policy template covers 15 key sections:
Purpose
[your details] is committed to supporting employees during pregnancy, maternity leave, and their return to work. This po...
Scope
This policy applies to all employees of [your details] who are pregnant. Maternity leave is a day-one right -- there is ...
Definitions
- : The week, starting on a Sunday, in which your baby is due. - : The 15th week before the EWC. This is used to determi...
Notification Requirements
You should notify [your details] of your pregnancy as soon as you feel comfortable doing so, and no later than the 15th ...
Health and Safety
Under Regulation 16 of the Management of Health and Safety at Work Regulations 1999, [your details] has a duty to assess...
Time Off for Antenatal Care
You are entitled to reasonable paid time off during working hours for antenatal appointments. This is a day-one right. A...
Maternity Leave Entitlement
All pregnant employees are entitled to: - -- 26 weeks' Ordinary Maternity Leave (OML) followed by 26 weeks' Additional...
Statutory Maternity Pay (SMP)
You are eligible for Statutory Maternity Pay if: - You have been continuously employed by [your details] for at least 26...
Keeping in Touch (KIT) Days
You may work up to 10 Keeping In Touch (KIT) days during your maternity leave without bringing your leave or SMP to an e...
Annual Leave and Benefits During Maternity Leave
During maternity leave (both OML and AML): - Annual leave continues to accrue at your normal rate - Contractual benefit...
Stillbirth and Pregnancy Loss
If you suffer a stillbirth after 24 weeks of pregnancy, you are entitled to your full maternity leave and SMP entitlemen...
Returning to Work
If you return during or at the end of Ordinary Maternity Leave (first 26 weeks), you are entitled to return to the same ...
Roles and Responsibilities
are responsible for: - Notifying [your details] of their pregnancy by the qualifying week - Providing the MATB1 certifi...
Related Policies
This policy should be read alongside: - Paternity Leave Policy - Shared Parental Leave Policy - Parental Leave Policy -...
Review
This policy will be reviewed annually, or sooner if there are changes to maternity legislation or statutory pay rates. T...
Legal Framework
This policy template is grounded in the following UK legislation and guidance:
- Maternity and Parental Leave etc. Regulations 1999
- Employment Rights Act 1996, ss.71-75
- Social Security Contributions and Benefits Act 1992 (SMP)
- Equality Act 2010, s.18 (pregnancy and maternity discrimination)
- Management of Health and Safety at Work Regulations 1999, Reg. 16 (risk assessment for new and expectant mothers)
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023
How Complaiance Helps
Our maternity leave policy goes beyond a generic template:
- Complete coverage of the notification timeline including the 15th week before EWC triggers
- Clear SMP calculation guidance with current rates and the 8-week reference period
- Health and safety risk assessment requirements for new and expectant mothers
- Keeping-in-touch (KIT) day provisions and return-to-work procedures
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Get Started FreeFrequently Asked Questions
How long is maternity leave in the UK?
UK employees are entitled to up to 52 weeks of maternity leave: 26 weeks of Ordinary Maternity Leave (OML) followed by 26 weeks of Additional Maternity Leave (AML). The earliest maternity leave can start is 11 weeks before the expected week of childbirth. Employees must take a minimum of 2 weeks' compulsory maternity leave after the birth (4 weeks for factory workers) under the Maternity and Parental Leave etc. Regulations 1999.
How much is Statutory Maternity Pay?
SMP is paid for up to 39 weeks. The first 6 weeks are paid at 90% of average weekly earnings (no cap). Weeks 7-39 are paid at the lower of £184.03 per week (2025/26 rate) or 90% of average weekly earnings. The remaining 13 weeks of maternity leave are unpaid. To qualify for SMP, the employee must have been continuously employed for at least 26 weeks by the 15th week before the expected week of childbirth and earn at least the Lower Earnings Limit.
Can an employer dismiss a pregnant employee?
Dismissing an employee because of pregnancy or maternity leave is automatically unfair under section 99 of the Employment Rights Act 1996 — no qualifying service is needed. It is also likely to constitute sex discrimination under the Equality Act 2010. While an employee can be fairly dismissed during pregnancy for an unrelated reason (e.g., genuine redundancy), the employer must follow a fair process and, under the Maternity and Parental Leave etc. Regulations 1999, offer any suitable alternative vacancy.