Maternity, paternity and parental leave: employer guide
If an employee is having or adopting a child, they should be eligible for leave.
The type of leave employees are eligible for depends on their situation.
Maternity leave
Eligible employees having a baby can take up to 52 weeks' maternity leave. The first 26 weeks is known as 'Ordinary Maternity Leave', the last 26 weeks as 'Additional Maternity Leave'.
The earliest leave that can be taken is 11 weeks before the expected week of childbirth. Employees must take at least 2 weeks after the birth (or 4 weeks if they're a factory worker).
The GOV.UK site has more information on maternity leave, including:
- entitlement
- eligibility and proof of pregnancy
- notice periods
- refuse pay form SMP1
- record keeping
- help with statutory pay
Extra leave or pay
You can offer more than the statutory amounts if you have a company maternity scheme. You must make sure your maternity leave and pay policies are clear and available to staff.
Paternity leave
Employees may be eligible for Statutory Paternity Leave if they and their partner are:
- having a baby
- adopting a child
- having a baby through a surrogacy arrangement
New legislation applies to babies due:
- after 6 April 2024
- on or after 6 April 2024 for adoptions
Employees can take either 1 or 2 weeks’ leave. If the employee is taking 2 weeks, they can take them consecutively or separately. The amount of time they can take is the same even if they have more than one child (for example, if they have twins).
Leave cannot start before the birth. The start date must be either:
- the actual date of birth
- an agreed number of days after the birth
- a set date which is after the date of birth
Leave must finish within 52 weeks of the birth (or due date if the baby is early). The start and end dates are different if the employee is adopting.
The GOV.UK site has more information on paternity leave, including:
- entitlement
- eligibility
- notice periods
- adoption
- refuse pay form SPP1
- record keeping
- help with statutory pay
Adoption leave
When an employee takes time off to adopt a child or have a child through a surrogacy arrangement, they might be eligible for Statutory Adoption Pay and Leave.
Employees can take up to 52 weeks' Statutory Adoption Leave. The first 26 weeks is known as 'Ordinary Adoption Leave', the last 26 weeks as 'Additional Adoption Leave'.
Leave can start:
- on the date the child starts living with the employee
- an agreed number of days after the date of placement
- when the child arrives in the UK or an agreed number of days after this (overseas adoptions)
- the day the child's born or the day after (parents in surrogacy arrangements)
Employees must take leave within:
- 56 days of the date of placement or the child’s arrival in the UK (for overseas adoptions) - for children who are placed or arrive before 6 April 2024
- 52 weeks of the date of placement or arrival - for children who are placed or arrive on or after 6 April 2024
The GOV.UK site has more information on adoption leave, including:
- entitlement
- eligibility
- notice periods
- proof of adoption
- refusing pay or leave
- record keeping
- help with statutory pay
Maternity and paternity calculator
The GOV.UK site offers a maternity and paternity pay calculator, which lets you calculate an employee's:
- statutory maternity pay (SMP)
- paternity pay
- adoption pay
- qualifying week
- relevant employment period and average weekly earnings
- leave period
Unpaid parental leave
Eligible employees can take unpaid parental leave to look after their child's welfare. For example, they may want to:
- spend more time with their children
- look at new schools
- settle children into new childcare arrangements
- spend more time with family, such as visiting grandparents
Their employment rights (like the right to pay, holidays and returning to a job) are protected during parental leave.
The GOV.UK site has more information on unpaid parental leave, including:
- entitlement
- eligibility
- notice periods
- delaying leave
Further help
The following organisations can offer employers or employees further help with maternity, paternity and parental leave.
Advisory, Conciliation and Arbitration Service (ACAS)
ACAS offer employers further information and guidance on how to treat pregnant or maternity leave employees fairly.
Find more information on the ACAS website.
Equality and Human Rights Commission
The Equality and Human Rights Commission (EHRC) offer help and support to both employers and employees. This includes standard letters and templates employers can use with staff.
Find support information for employers on the EHRC website.
Find information for employees on maternity discrimination on the EHRC website.
Flexible Working Scotland
Flexible Working Scotland offer help to people living in Scotland who want to work part-time and/or flexibly. They can help with finding part-time and flexible work in Scotland through jobs sites and platforms offering roles in the public, private and third sectors.
Find more information on the Flexible Working Scotland website.
Working Families
Working Families work to help create flexible and family friendly working conditions. They run a free legal advice helpline for staff.
Find more information on the Working Families website.
Maternity Action
Maternity Action are a charity who offer advice to employers and employees on rights at work for maternity leave, pay and looking after children.
Find more information on the Maternity Action website.
Healthy Working Lives
Healthy Working Lives offer more information and advice on workplace health, safety and wellbeing.