Maternity Leave and Pay: How to Apply in the UK

BASE (basic) 5.22

advertisement

Миколаєнко Олена Василівна

Attorney

United Kingdom / England

i

Reading time: 11 minutes Total views: 27

Rate:

0

Publication date: 04.09.2025

Maternity leave and pay in the UK are governed by UK labour law, ensuring employee rights UK to support during pregnancy and after childbirth. The Equality Act 2010 and Maternity and Parental Leave Regulations 1999 provide protections against discrimination and rights to paid leave. Legal Marketplace Consultant offers employment contract consultation and HR legal consulting to assist with applying for leave, conducting legal review employment contract, and creating a clear action plan for securing payments. Our services support all types of employment UK, including contract employment UK, fixed-term contract UK, and zero-hours contract.

What is Maternity Leave

Maternity leave is a legal entitlement to 52 weeks off work for childbirth, with 39 weeks covered by statutory maternity pay (90% of average earnings for the first 6 weeks, then £184.03 weekly from April 2025). UK labour law guarantees return to an equivalent job without loss of conditions. Legal review employment contract from Consultant ensures your employment contract complies with these requirements, crucial for non-standard working arrangements UK like zero-hours contract.

Key aspects of maternity leave:

• Ordinary Maternity Leave (26 weeks): Right to return to the same job.
• Additional Maternity Leave (26 weeks): Right to an equivalent job with same conditions.
• Keeping in Touch (KIT) days: Up to 10 workdays during leave without losing pay.
• Anti-discrimination protection: Employers cannot dismiss or disadvantage due to pregnancy.

Employment contract consultation from Consultant helps navigate the application process, especially for contract employment UK or fixed-term contract UK workers.

Who is Eligible for Maternity Leave and Pay

Employee rights UK to maternity leave apply to all employees, regardless of types of employment UK. Statutory maternity pay requires “employee” status and 26 weeks of continuous employment by the 15th week before the expected due date. Eligible groups include:

1. Permanent employees with a standard employment contract.
2. Fixed-term contract UK workers, who may have additional protections.
3. Zero-hours contract workers classified as “employees.”
4. Self-employed individuals, eligible for maternity allowance (£184.03 weekly for 39 weeks).

Self-employed women qualify for maternity allowance based on National Insurance contributions. If your status is unclear, especially on a zero-hours contract, employment contract consultation from Consultant clarifies your eligibility. Legal review employment contract ensures your contract employment UK supports your claim to maternity pay.

How to Apply for Maternity Leave

Applying for maternity leave requires notifying your employer 15 weeks before your due date. Employment contract consultation from Consultant assists with preparing documents and avoiding errors that could affect payments. Key steps include:

1. Notify your employer in writing about your pregnancy, due date, and intended leave start date.
2. Provide a MAT B1 certificate from your doctor or midwife to confirm pregnancy.
3. Discuss maternity pay details and return-to-work plans.
4. Plan for KIT days if you intend to work during leave.

If your employer denies payments or breaches your employee rights UK, you can file a claim with an Employment Tribunal within 3 months. HR legal consulting from Consultant supports claim preparation, while legal review employment contract identifies violations, particularly for fixed-term contract UK or zero-hours contract workers.

Calculating and Receiving Maternity Pay

Statutory maternity pay is calculated based on your average weekly earnings over the 8 weeks before the 15th week prior to your due date. UK labour law advice from Consultant ensures accurate calculations. Payment structure:

• First 6 weeks: 90% of average weekly earnings.
• Next 33 weeks: £184.03 per week or 90% of earnings (whichever is lower).
• Total duration: 39 weeks.

Self-employed women apply for maternity allowance through Jobcentre Plus, based on National Insurance contributions. Employment contract consultation from Consultant guides you through the application, especially for contract employment UK or zero-hours contract, where “employee” status may be contested.

If your employer fails to pay maternity pay, this violates UK labour law. You can appeal to an Employment Tribunal, and HR legal consulting from Consultant will prepare your case. Legal review employment contract ensures your employment contract supports your claim.

Protection Against Discrimination During Maternity Leave

UK labour law prohibits discrimination against pregnant employees, including denial of pay, dismissal, or unfavorable changes to working arrangements UK due to pregnancy. For example, altering a fixed-term contract UK because of pregnancy violates the Equality Act 2010. After maternity leave, you are entitled to return to an equivalent job with the same pay and benefits.

If your employer offers a lesser role or changes hours without consent, this may be discrimination. UK labour law advice from Consultant assesses grounds for tribunal claims and prepares documentation. We also assist with workplace adjustments, such as reduced hours or safer roles, which employers are obligated to provide.

For zero-hours contract workers, confirming “employee” status is critical, as seen in Uber v Aslam (2021), where workers gained employee rights UK. Employment contract consultation from Consultant clarifies your status and ensures access to maternity protections across types of employment UK.

Frequently Asked Questions About Maternity Leave and Pay

How to Apply for Maternity Leave and Pay

Notify Employer: Inform about pregnancy 15 weeks before due date.

Submit Documents: Provide MAT B1 certificate to confirm pregnancy.

Protect Rights: Appeal to tribunal with HR legal consulting if violations occur.