HR and Absence Management Glossary

What is Maternity Leave?

Maternity leave is a period of authorised absence from work granted to an employee before and after the birth of their child. In the UK, maternity leave is a statutory entitlement and is designed to protect the health and wellbeing of both the mother and the baby, while ensuring the employee’s job is safeguarded during their time away from work. All employees, regardless of length of service, are entitled to up to 52 weeks of maternity leave, split into Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the following 26 weeks).

While maternity leave is available to all eligible employees, maternity pay varies depending on their length of service and individual employment contract. Some employees will receive Statutory Maternity Pay (SMP), while others may be entitled to enhanced maternity pay through their employer’s own policy.

Maternity leave differs from other forms of absence because it is a planned, statutory entitlement rather than sickness-related leave. It requires clear communication between employer and employee, early notification, and adherence to legal timelines.

Understanding Maternity Leave Entitlement

Employees must inform their employer of their pregnancy, expected due date, and intended start date for maternity leave by the end of the 25th week of pregnancy. Employers may request a MATB1 certificate as confirmation of the due date.

During maternity leave, employees continue to benefit from many of their normal employment rights, including:

Accruing annual leave
Remaining eligible for pension contributions (subject to scheme rules)
Protection against unfair treatment, dismissal, or discrimination related to pregnancy or maternity
The right to return to work after leave

Employees may also take up to 10 Keeping in Touch (KIT) days, allowing them to attend training or work-related activities without officially ending their maternity leave.

Statutory Maternity Pay and Other Options

Statutory Maternity Pay (SMP) is paid for up to 39 weeks to eligible employees. It is typically paid at:

90% of average weekly earnings for the first 6 weeks
A statutory rate (or 90% of earnings if lower) for the remaining 33 weeks

Employees who do not qualify for SMP may instead claim Maternity Allowance through the government.

Some organisations offer enhanced maternity pay—a more generous scheme providing higher pay or extended support—which is usually detailed in the employment contract or company handbook.

Managing Maternity Leave in the Workplace

Effective maternity leave management requires clear policies, strong communication, and compliance with employment legislation. Employers should ensure that employees understand their entitlements, pay arrangements, and expectations before, during, and after leave. A supportive approach helps employees plan their absence and maintain a positive working relationship throughout.

Many organisations use absence management tools, such as GoodShape’s platform, to track maternity leave periods, manage deadlines, monitor return-to-work dates, and coordinate communication with employees.

A well-structured maternity leave process typically includes:

Confirming key dates and entitlements
Providing information on maternity pay
Discussing health and safety considerations during pregnancy
Planning handovers and workload cover
Scheduling appropriate communication during leave
Preparing for a smooth return to work

Legal Considerations for Maternity Leave

UK maternity rights are protected by law, including the Employment Rights Act 1996, Equality Act 2010, and regulations on maternity and parental leave. Employers must avoid discrimination, ensure pregnancy-related absences are recorded correctly, and provide reasonable adjustments where required.

Employees returning from maternity leave have the right to return to the same role after Ordinary Maternity Leave, and to the same or a suitable alternative role after Additional Maternity Leave. Failure to uphold maternity rights can lead to claims of unfair dismissal or discrimination.

Supporting a Positive Return to Work

A successful return-to-work process benefits both the employee and the organisation. Employers may offer:

Phased returns
Flexible working arrangements
Adjustments to workload
Refresher training or catch-up meetings

Providing ongoing support helps employees reintegrate smoothly, reduces stress, and encourages long-term retention.