An employee can begin maternity leave 11 weeks prior to the birth (unless the baby is born early) and all employees must take at least 2 weeks after the birth.
Businesses that operate a company maternity scheme may be able to offer more than the statutory amounts of both leave and pay, however, these policies must be clear.
SMP for eligible employees can be paid for up to 39 weeks and is normally broken down as the first 6 weeks at 90% of their average weekly earnings followed by 33 weeks at £156.6 or 90% of their weekly earnings (whichever is lower).
Some employment types like agency workers, directors and educational workers have different rules for entitlement so you need to ensure you know the rules.
If you employ or manage staff and you need to understand maternity leave and maternity pay, speak to Employer Advice for bespoke advice on how to handle the situation, tailored to business owners and employers.
How Can You Support Your Employees?
Maternity Leave and Maternity Pay
If you’ve got pregnant staff who may be looking to arrange maternity leave and pay, or you need assistance understanding employee rights during maternity leave, it’s important to deal with the issue correctly.
Employer Advice provides telephone-based advice, 24/7, 365 days per year to employers on disciplinaries. The role of Employer Advice is to keep your business safe and legally compliant.
Our team of specialists can ensure that you follow the correct procedure, saving you time and money.
Employer Advice has a team of CIPD-qualified experts who can guide you through the entire process and ensure that you have maximum legal protection. Call 0800 470 0613 for immediate legal advice.

Common Maternity Leave and Maternity Pay Questions
Covered by the Employer Advice Service
Are you faced with these questions or any others regarding maternity leave and statutory maternity pay? Call our team today and let us assist with FREE advice based on the ACAS codes of practice.
- How much is SMP?
- What should I do if my employee isn't entitled to any pay, but is taking maternity leave?
- What forms are used when dealing with SMP?
- How do I know if I'm entitled to small employers' relief for SMP?
- How can I process SMP manually?
- Can my employee work for an occasional day without it affecting her SMP?
- If an employee returns early from maternity leave, can they qualify for SSP?
- Does SMP start early if an employee is off work sick prior to their maternity pay period?

Contact
Employer Advice
Employer Advice are trusted and award-winning UK employment law specialists. We provide thousands of business owners and directors like you with ACAS code-based advice on maternity pay and a range of HR issues.
We understand the challenges of staying compliant in an ever-changing employment law landscape when you are employing or managing staff. We can assist with all issues, whether simple or complicated and help you avoid costly tribunals.
Call today on 0800 470 0613 or via email and get in touch with our dedicated team.