Parental Leave in the UK: Maternity, Paternity, and Shared Leave Explained

Navigating parental leave in the UK can feel overwhelming - for both employers and employees. There are multiple overlapping entitlements (maternity, paternity, shared parental, adoption, and unpaid parental leave), each with its own eligibility rules, pay rates, notice requirements, and protections. Get it wrong as an employer and you risk tribunal claims, damaged trust, and losing good people. Get it wrong as an employee and you could miss out on pay or time you are legally entitled to.

This guide covers every type of parental leave available in the UK as of April 2026, with the current statutory pay rates, eligibility criteria, notice periods, and practical advice for small businesses managing the process. If you are looking for a broader overview of all types of staff leave, see our UK Employment Law guide.

Maternity Leave

Who is eligible?

All employees are entitled to maternity leave regardless of how long they have worked for their employer, how many hours they work, or how much they earn. This is a day-one right. It does not matter whether the employee is full-time, part-time, on a zero-hours contract, or an agency worker - if they are classified as an employee, they are entitled to maternity leave.

How much leave?

Maternity leave is up to 52 weeks, split into two periods:

• Ordinary Maternity Leave (OML) - the first 26 weeks
• Additional Maternity Leave (AML) - the second 26 weeks

Employees do not have to take the full 52 weeks, but they must take at least 2 weeks after the birth (4 weeks if they work in a factory). This is called compulsory maternity leave. The employee chooses when to start their leave, which can be any time from 11 weeks before the expected due date. If the baby arrives early, leave starts automatically on the day after the birth.

Statutory Maternity Pay (SMP)

To qualify for SMP, the employee must have been continuously employed for at least 26 weeks by the end of the 15th week before the expected due date (the "qualifying week"), and must earn at least the Lower Earnings Limit (LEL) - currently GBP 125 per week for the 2026/27 tax year.

SMP is paid for up to 39 weeks:

• First 6 weeks - 90% of average weekly earnings (no cap)
• Remaining 33 weeks - GBP 187.18 per week or 90% of average weekly earnings, whichever is lower

The final 13 weeks of the 52-week entitlement are unpaid. Employers can reclaim 92% of SMP from HMRC (or 103% if they qualify for Small Employers' Relief because their total Class 1 NI liability is GBP 45,000 or less per year).

Notice requirements

The employee must tell their employer by the 15th week before the due date (around week 25 of pregnancy):

• That they are pregnant
• The expected week of childbirth
• When they want their maternity leave to start

The employer must respond within 28 days confirming the date the employee's maternity leave will end. The employee can change their start date by giving 28 days' notice.

Paternity Leave

Who is eligible?

Employees are eligible for paternity leave if they have been continuously employed for at least 26 weeks by the end of the 15th week before the baby's due date, and they are the biological father, the mother's partner (including same-sex partners), or the intended parent in a surrogacy arrangement. They must also have responsibility for the child's upbringing.

How much leave?

Paternity leave is up to 2 weeks (one or two consecutive weeks - it cannot be taken as individual days). Following the Paternity Leave (Amendment) Regulations 2024, paternity leave can now be taken at any point within the first 52 weeks after birth (previously it had to be taken within 56 days). This gives fathers and partners much greater flexibility.

Statutory Paternity Pay (SPP)

SPP is paid at GBP 187.18 per week or 90% of average weekly earnings, whichever is lower, for the duration of the leave (1 or 2 weeks). The same earnings threshold applies - the employee must earn at least the LEL. Employers can reclaim SPP from HMRC in the same way as SMP.

Notice requirements

The employee must give notice by the 15th week before the due date, stating the expected week of birth and whether they want 1 or 2 weeks. Since the 2024 amendment, they must give at least 28 days' notice of the actual dates they want to take leave (previously this had to be specified at the initial notice stage).

Shared Parental Leave (SPL)

What is it?

Shared Parental Leave allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay between them. The mother must curtail (end early) her maternity leave and the remaining weeks become available as SPL. For example, if the mother takes 20 weeks of maternity leave and then curtails it, up to 32 weeks of SPL and up to 19 weeks of Shared Parental Pay (ShPP) become available for either parent to take.

Eligibility

Both parents must meet specific criteria:

• The mother must be eligible for maternity leave or Maternity Allowance
• The parent taking SPL must have been continuously employed for 26 weeks by the 15th week before the due date
• The other parent must have worked for at least 26 weeks in the 66 weeks before the due date and earned at least GBP 390 in total in any 13 of those weeks
• Both parents must give proper notice and declarations

How it works in practice

Parents can take SPL in up to three separate blocks (with gaps in between), and they can take leave at the same time if they wish. Each block requires 8 weeks' notice. The employer can refuse a discontinuous pattern (e.g. alternating weeks on and off) but cannot refuse a continuous block. ShPP is paid at the same rate as SMP weeks 7-39: GBP 187.18 per week or 90% of average weekly earnings, whichever is lower.

Adoption Leave

Adoption leave mirrors maternity leave almost exactly. One member of an adopting couple (or a single adopter) can take up to 52 weeks of adoption leave. They must have been continuously employed for 26 weeks by the week they are matched with a child. Statutory Adoption Pay (SAP) follows the same structure as SMP: 90% of average earnings for 6 weeks, then GBP 187.18 per week (or 90% of earnings if lower) for 33 weeks.

The partner of the primary adopter is entitled to paternity leave (not adoption leave), following the same rules as birth paternity leave. Adoption leave and pay also apply to parents in surrogacy arrangements who have obtained, or intend to obtain, a parental order.

Shared Parental Leave is available to adopting parents on the same basis as birth parents.

Unpaid Parental Leave

In addition to the paid leave types above, all employees with at least one year of continuous service are entitled to unpaid parental leave. This is a separate, often-overlooked entitlement:

• 18 weeks per child, up to the child's 18th birthday
• Maximum of 4 weeks per year per child (unless the employer agrees otherwise)
• Must be taken in blocks of one week (unless the child is disabled, in which case individual days are allowed)
• 21 days' notice required
• The employer can postpone the leave by up to 6 months if the business would be unduly disrupted (but cannot refuse it outright, and cannot postpone if the leave is requested immediately after a birth or adoption placement)

Unpaid parental leave is a day-one right for employees who have already completed one year of service - it does not restart with a new employer. If an employee has used 10 weeks of unpaid parental leave with a previous employer, they have 8 weeks remaining (not 18).

Time Off for Dependants

Separate from parental leave, all employees have a day-one right to take a reasonable amount of unpaid time off to deal with an emergency involving a dependant. This covers situations like a child falling ill at school, unexpected problems with childcare, or a dependant being involved in an accident. There is no set limit on how many times this can be used, but it is intended for genuine emergencies and the time taken should be reasonable - typically one or two days per incident to deal with the immediate crisis and arrange alternative care.

Neonatal Care Leave (New for 2025)

The Neonatal Care (Leave and Pay) Act 2023 introduced a new entitlement that came into force in April 2025. Parents whose baby is admitted to neonatal care within 28 days of birth are entitled to up to 12 weeks of additional paid leave, on top of their existing maternity or paternity leave. The baby must receive at least 7 continuous days of neonatal care for the entitlement to apply.

Statutory Neonatal Care Pay follows the same rate as other statutory family pay (GBP 187.18 per week or 90% of average earnings, whichever is lower). This is a significant new protection that recognises the unique stress and disruption experienced by parents of babies requiring neonatal care. Both parents are eligible.

Quick Reference: UK Parental Leave at a Glance

Protections for Employees on Parental Leave

UK law provides strong protections for employees taking parental leave:

• Unfair dismissal - dismissing an employee because they are pregnant or taking parental leave is automatically unfair, regardless of length of service
• Redundancy protection - employees on maternity, adoption, or shared parental leave are entitled to be offered any suitable alternative vacancy in preference to other employees during a redundancy exercise. Since April 2024, this protection extends from the point the employee notifies their employer of pregnancy (not just from the start of leave) until 18 months after the child's birth.
• Right to return - after Ordinary Maternity Leave (first 26 weeks), the employee has the right to return to exactly the same job. After Additional Maternity Leave (weeks 27-52), they have the right to return to the same job, or if that is not reasonably practicable, a suitable alternative on no less favourable terms.
• Terms and conditions - all contractual terms (except pay) continue during maternity leave, including pension contributions (employer contributions must continue as if the employee were still working), annual leave accrual, and any other contractual benefits
• Keeping in touch (KIT) days - employees can work up to 10 KIT days during maternity leave without ending their leave or losing SMP for that week. These are voluntary - neither employer nor employee can insist on them. SPL has its own equivalent: up to 20 Shared Parental Leave In Touch (SPLIT) days.

Practical Advice for Small Businesses

1. Start planning early

As soon as an employee notifies you of their pregnancy (or adoption match), start planning. You have several months to arrange cover, redistribute work, and recruit temporary staff if needed. Do not wait until the employee goes on leave to figure out how to manage their absence.

2. Put everything in writing

Confirm leave dates, pay entitlements, expected return dates, and KIT day arrangements in writing. This protects both parties and reduces the risk of misunderstandings. Keep copies of all notices and responses.

3. Track accrued holiday carefully

Employees on maternity leave continue to accrue their full annual leave entitlement. Over 52 weeks of leave, this can amount to 5-6 weeks of accrued holiday. Agree in advance how this will be handled - many employers allow employees to take accrued holiday at the end of maternity leave (effectively extending their paid absence) or at the start before maternity leave begins.

4. Stay in touch (appropriately)

Maintain reasonable contact during the leave. This does not mean chasing them about work - it means keeping them informed about significant changes, job vacancies, and social events. Use KIT days where both parties agree. Employees who feel forgotten during leave are less likely to return. Equally, employees who are pestered with work questions during leave may not want to come back either. Strike the balance.

5. Plan the return

Discuss the return well in advance. The employee may want to return part-time or request flexible working arrangements. They have the right to make a statutory flexible working request from day one of employment (since April 2024, employees can make two requests per year). Consider how you will manage the transition, update them on any changes that occurred during their absence, and ensure their workspace and equipment are ready.

6. Reclaim statutory pay

Do not forget to reclaim SMP, SPP, SAP, and ShPP from HMRC. Most small businesses qualify for Small Employers' Relief and can reclaim 103% of statutory payments. This is done through your regular payroll reporting (RTI submissions). If you use payroll software, it should handle this automatically.

Enhanced Maternity and Parental Pay

The statutory rates represent the legal minimum. Many employers choose to offer enhanced maternity, paternity, or shared parental pay as part of their benefits package. Common enhancements include full pay for the first 6-12 weeks, followed by half pay plus SMP for a further period. Enhanced pay is a powerful recruitment and retention tool - particularly for attracting experienced professionals who may be comparing offers.

If you offer enhanced maternity pay, consider offering the same enhancement for shared parental pay, adoption pay, and paternity pay. Offering different enhancements for different leave types can create an indirect discrimination risk and sends a signal about which parents the business values. The trend among forward-thinking employers is towards equalising all parental leave policies.

Further Reading

• UK Employment Law: Staff Leave, Sick Pay, and Holiday Rights
• UK Holiday Entitlement Guide 2026
• How to Calculate Part-Time Holiday Entitlement
• Managing Leave Clashes: When Everyone Wants the Same Week Off
• Free Staff Holiday Tracker vs Spreadsheets

Disclaimer: This article is for general information only and does not constitute legal advice. Statutory pay rates quoted are for the 2026/27 tax year. Employment law is subject to change. For specific situations, consult a qualified employment lawyer or ACAS (0300 123 1100).