Maternity leave in the UK: how long you get and when it starts

This page is about time, not money

Maternity leave and maternity pay are two separate entitlements in the UK, with different rules and different qualifying tests, and confusing them is the single most expensive mistake people make. This page covers the leave: how many weeks off work you are legally entitled to, when those weeks can start, and what you have to tell your employer. Our separate UK maternity pay guide covers Statutory Maternity Pay, Maternity Allowance and what actually lands in your bank account. You can qualify for one and not the other.

Statutory Maternity Leave is 52 weeks

GOV.UK sets Statutory Maternity Leave at 52 weeks, made up of two blocks: Ordinary Maternity Leave, which is the first 26 weeks, and Additional Maternity Leave, which is the last 26 weeks. The split matters later, because your right to return to exactly the same job is stronger at the end of the first 26 weeks than at the end of the second.

You do not have to take all 52 weeks. You can take as little or as much as you want, with one exception below. But the 52 weeks are yours to decline, not your employer's to ration.

The day-one right people do not believe

There is no qualifying period for maternity leave. GOV.UK's employer guidance states the test plainly: the employee must have an employment contract, and it does not matter how long they have worked for you. You could start a job in your second trimester and still be entitled to the full 52 weeks. This is the opposite of the pay rules, which do require continuous service, and it is why some people get a year of leave and almost no statutory pay.

GOV.UK is equally blunt with employers on the other side of it: you cannot refuse maternity leave, and you cannot change the amount of leave your employee wants to take.

The two weeks you cannot give up

You must take at least two weeks off after your baby is born, or four weeks if you work in a factory. This is compulsory maternity leave. It is not a suggestion, it is not waivable by agreement, and it applies even if you feel fine and want to work.

When maternity leave can start

The earliest you can normally start is 11 weeks before the expected week of childbirth. Within that window the start date is your choice, but three things can take the decision out of your hands.

Leave starts the day after the birth if your baby arrives early, regardless of what date you had booked. And leave starts automatically if you are off work with a pregnancy-related illness in the four weeks before the week your baby is due, where the week runs Sunday to Saturday. That second trigger catches people out: a bout of pregnancy-related sickness at 37 weeks can convert into the start of maternity leave whether or not you intended it, shortening the time you have with the baby at the other end.

If your baby is born very early, your employer must be given the birth certificate or a document signed by a doctor or midwife confirming the actual date of birth, and must write to you confirming the new end date.

The notice deadlines

At least 15 weeks before the baby is expected, you must tell your employer the date the baby is due and the date you want to start your maternity leave. Your employer then has 28 days to confirm your leave start and end dates in writing. If they do not, chase it, because that written confirmation is what protects you later.

You can change your chosen start date by giving 28 days' notice. And if you want to change your return-to-work date, you must give at least eight weeks' notice. That eight-week rule cuts both ways: it lets you come back early if you give enough warning, and it stops your employer pulling you back at short notice.

What you get to keep while you are off

GOV.UK confirms that employment rights are protected throughout maternity leave, including the right to pay rises, to build up holiday, and to return to a job. Your contract continues to run. You are not on a career break, you are an employee who is not currently working.

You can also work up to ten keeping in touch days during maternity leave without ending your leave or your pay. They are entirely optional and need both sides to agree. If you go on to take Shared Parental Leave, you get a further 20 shared parental leave in touch days on top.

Redundancy while you are on leave

Being on maternity leave does not make you immune from a genuine redundancy, but it changes the process. Your employment rights continue to run, and GOV.UK's guidance on rights while on leave is the starting point if your employer opens a consultation while you are off. Take advice early rather than after the consultation window closes.

Where Northern Ireland and the rest differ

The 52 weeks apply across Great Britain, and Northern Ireland runs a parallel system with its own guidance. Some rules genuinely diverge in Northern Ireland, so if you are employed there, check the nidirect guidance rather than assuming GOV.UK applies unchanged.

What to do, and in what order

Get your MATB1 maternity certificate from your midwife or doctor, which is usually issued around 20 weeks before the due date. Work out your 15-week deadline from the expected week of childbirth and diarise it. Tell your employer the due date and your intended start date in writing before that deadline, even though notice does not legally have to be in writing unless your employer asks. Keep the confirmation they send back. Then, separately, check whether you qualify for Statutory Maternity Pay or Maternity Allowance, because that is a different test with a different deadline.