How Long Is Maternity Leave in the UK?
Maternity leave in the UK lasts up to 52 weeks, but maternity pay covers only 39 of them, so an employee taking the full entitlement spends the final 13 weeks on unpaid leave [1]. The shortest an employee can take is two weeks, the compulsory period immediately after birth, rising to four weeks for factory workers [1]. Between those two figures sits a set of rules on when the leave can start, how the paid weeks are structured and how the dates can change.
The length of maternity leave is one of the most searched payroll questions because leave and pay run on different clocks. An employee can be entitled to a full year of leave while qualifying for far fewer weeks of pay, or none at all.
This article sets out exactly how long maternity leave lasts, how it differs from maternity pay, when it can begin, and how an employee can shorten it or change the return date.
Key takeaways
- Statutory maternity leave lasts up to 52 weeks, split into 26 weeks ordinary and 26 weeks additional leave.
- Statutory Maternity Pay lasts up to 39 weeks, so the final 13 weeks of a full leave are unpaid unless the contract says otherwise.
- The minimum leave is two weeks after birth, or four weeks for factory workers.
- Leave can start at the earliest 11 weeks before the due date, and starts automatically if the baby arrives early or a pregnancy-related illness strikes in the last four weeks.
- An employee who wants to return early must normally give the employer at least eight weeks of notice.
How long maternity leave lasts
Statutory maternity leave is up to 52 weeks for an eligible employee, and it is a day-one right that does not depend on length of service [2]. An employee can take as much or as little of the 52 weeks as they choose, subject to the compulsory minimum, and does not have to decide the full duration up front [1].
Ordinary and additional maternity leave
The 52 weeks divide into two equal halves. The first 26 weeks are Ordinary Maternity Leave, and the second 26 weeks are Additional Maternity Leave [1]. The split matters for the return-to-work guarantee: an employee returning during or at the end of Ordinary Maternity Leave has the right to the same job, while after Additional Maternity Leave the right is to the same job or, where that is not reasonably practicable, a suitable alternative on no less favourable terms [6]. The full set of entitlements is set out in the wider guide to maternity leave in the UK.
The minimum: compulsory maternity leave
There is no obligation to take the full year, but the law sets a floor. Every employee must take at least two weeks of leave immediately after the birth, and an employer commits an offence by permitting a return to work during that period [1]. The compulsory period is four weeks for those working in a factory [2]. This compulsory leave protects the health of the new mother and is the one part of the entitlement that cannot be waived.
How long maternity pay lasts
Maternity pay runs on a shorter clock than maternity leave, which is the single most important distinction for an employee planning their finances. Statutory Maternity Pay is paid for up to 39 weeks, not the full 52 [3]. An employee who takes the entire 52 weeks of leave therefore receives no statutory pay for the final 13 weeks, unless their employer offers enhanced contractual maternity pay [3].
The 39 paid weeks themselves have two phases. For the first six weeks SMP is 90% of average weekly earnings with no cap, and for the following 33 weeks it is the lower of £194.32 a week or 90% of average weekly earnings for the 2026-27 tax year [4]. The table below sets out the structure of a full 52-week leave.
| Period | Weeks | What the employee receives |
|---|---|---|
| Higher-rate pay | Weeks 1 to 6 | 90% of average weekly earnings |
| Standard-rate pay | Weeks 7 to 39 | £194.32 or 90% of earnings, lower of |
| Unpaid leave | Weeks 40 to 52 | No statutory pay |
An employee who does not qualify for SMP may instead claim Maternity Allowance, paid for up to 39 weeks at up to £194.32 a week, which keeps the paid period the same even when the employer cannot pay [8]. HMRC-recognised payroll software for SMEs tracks the move from the higher rate to the standard rate at week seven automatically, which removes one of the most common manual payroll errors.
When maternity leave can start
The earliest an employee can begin maternity leave is 11 weeks before the expected week of childbirth [1]. Many employees choose to work closer to the due date to preserve more of the entitlement for after the birth, since the total length is fixed at 52 weeks regardless of when it starts [2].
Two events can override the chosen start date. If the baby arrives early, the leave starts automatically the day after the birth [1]. If the employee is absent for a pregnancy-related illness in the four weeks before the due date, the leave starts automatically the day after that first day of absence, regardless of what was previously agreed [5]. Non-pregnancy-related sickness in that window does not trigger the leave and is treated as ordinary sickness absence [5].
Changing the length or the return date
Maternity leave is not locked in once it starts. An employee who wants to return to work earlier than originally planned must give the employer at least eight weeks of notice of the new return date [7]. If an employee tries to return without giving that notice, the employer can postpone the return to ensure it has the full notice period, but cannot push the return beyond the end of the 52-week leave [6].
An employee can also shorten the leave by ending it early and converting the balance into Shared Parental Leave, sharing up to 50 weeks of leave and 37 weeks of pay with the other parent [9]. The two compulsory weeks after birth can never be shared or shortened [9]. Accountants tracking these date changes across multiple employers usually manage them through a payroll bureau platform that recalculates pay automatically when a return date moves.
What the length means for the employer
The length of maternity leave shapes the employer's payroll obligations for up to a year. Statutory Maternity Pay is reported in gross pay on the Full Payment Submission and is reclaimable from HMRC at 92%, or 109% under Small Employers' Relief for businesses whose Class 1 National Insurance was £45,000 or less in the previous tax year [2]. Payroll software that holds the HMRC Recognised badge submits the FPS automatically and reflects the rate change at week seven without manual reconfiguration, which is why many owner-managed firms move statutory pay onto dedicated small business payroll software before their first maternity case. For a fuller account of when the employer cannot pay SMP at all, the guide to the SMP1 form covers the handover to Maternity Allowance.
Conclusion
The headline answer is that UK maternity leave lasts up to 52 weeks, but the more useful answer recognises that leave and pay run on different clocks: 52 weeks of leave, 39 weeks of pay, and a two-week compulsory minimum underneath both. The start date can be chosen, but an early birth or a late-pregnancy illness can move it, and the return date can be brought forward with eight weeks of notice.
For employers, the practical point is that a single maternity case spans nearly a year of payroll, with a rate change at week seven and an unpaid phase from week 40. The systems that handle this cleanly are those that map the full timeline at the outset, so the duration becomes a schedule the payroll follows rather than a sequence of dates the employer has to remember.
Frequently asked questions
How long is maternity leave in the UK?
Statutory maternity leave is up to 52 weeks, made up of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave [1]. It is a day-one right, so it does not depend on how long the employee has worked for the employer [2]. An employee can take less than the full year, but must take at least the two-week compulsory period after birth.
Is maternity leave fully paid for all 52 weeks?
No. Statutory Maternity Pay lasts up to 39 weeks, so the final 13 weeks of a full 52-week leave are unpaid unless the employer offers enhanced contractual pay [3]. The first six paid weeks are at 90% of average weekly earnings, and the next 33 weeks are at the lower of £194.32 or 90% of earnings for the 2026-27 tax year [4].
What is the shortest maternity leave an employee can take?
The minimum is two weeks, taken immediately after the birth, because that period is compulsory and cannot be waived [1]. The compulsory period rises to four weeks for employees who work in a factory [2]. Beyond that minimum, the employee decides how much of the 52-week entitlement to use.
Can an employee return from maternity leave early?
Yes, but the employee must normally give the employer at least eight weeks of notice of the new return date [7]. If the employee does not give enough notice, the employer can postpone the return to secure the full notice period, though not beyond the end of the 52-week leave [6]. An employee can also end maternity leave early to take Shared Parental Leave with the other parent.
