Maternity and paternity rights: the full picture

Parental rights in the UK are more varied and more interlinked than many employers realise. Maternity leave, paternity leave, shared parental leave, adoption leave, neonatal care leave, parental leave (the unpaid kind) — each has its own qualifying conditions, its own pay rules, and its own notice requirements. Getting any one of them wrong creates legal exposure. Understanding how they fit together is the foundation of managing a parenting employee well.

Maternity leave and pay

Every pregnant employee is entitled to 52 weeks of maternity leave — 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave. The leave can start up to 11 weeks before the expected week of childbirth. Statutory Maternity Pay is payable for 39 weeks to employees who meet the qualifying conditions (26 weeks of service by the qualifying week, earnings above the lower earnings limit). The first six weeks are at 90% of average weekly earnings; the remaining 33 weeks at the flat rate or 90%, whichever is lower. See our SMP guide for the full calculation.

Paternity leave and pay

The father or partner is entitled to one or two weeks of paternity leave, which can now be taken at any point in the first 52 weeks of the child's life. The two weeks do not need to be consecutive. Statutory Paternity Pay is paid at the flat rate (£184.03/week for 2025/26) for the weeks of leave taken. See our paternity pay guide for the current rules.

Shared parental leave

Where the mother is entitled to maternity leave, she can choose to curtail it and share the remainder with her partner. Both parents can take shared parental leave simultaneously or in separate blocks. Shared parental pay is paid at the same flat rate as SPP. The bureaucracy of SPL is acknowledged as a barrier to take-up — the notice requirements are complex and multiple forms are involved.

Neonatal care leave

From 6 April 2025, both parents of a baby who requires hospital care within the first 28 days of birth are entitled to up to 12 weeks of neonatal care leave, on top of other entitlements. The leave is available from day one of employment. See our neonatal care leave guide for the full detail.

Parental leave (unpaid)

Separate from maternity and paternity leave, every employee with one year of service and a child under 18 is entitled to 18 weeks of unpaid parental leave in total. Up to four weeks can be taken in any calendar year, in minimum one-week blocks (unless the child is disabled). Parental leave for a specific child does not transfer between employers.

Adoption leave

Adopting employees are entitled to the same leave and pay as a birth mother on maternity leave — up to 52 weeks of adoption leave and adoption pay at the same rates as SMP. One adopter per couple takes adoption leave; the other may take paternity leave.

Keeping in touch days

Employees on maternity, shared parental, or adoption leave can work for the employer for up to 10 "keeping in touch" days without it ending their leave. SPL-KIT days provide up to 20 additional days. These days are agreed between employer and employee — the employee cannot be required to work them.

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