Blog
Pregnancy and maternity guide
Published 27 May 2026
As a working parent, the excitement of preparing for the birth of a new addition to the family is a wonderful time - but at the same time understanding your rights at work can be confusing.
What you can do, what you’re entitled to, what your employer must do, and what your options are can all feel overwhelming.
Even what should be simple questions, like how long a new mum or dad can take off work can suddenly seem complicated.
Confusion about this matter may be added to by the introduction of the Employment Rights Act 2025 (ERA), which is the biggest upgrade to workers' rights in a generation (1) [cited 27.5.26] . The ERA became law in December 2025, introducing a wide range of employment reforms. Most changes will be introduced this year and next year.
So here is everything you need to know in an easy to follow guide, which includes:
- What the current maternity leave rules are.
- What’s changing for parents under the ERA.
- Whether maternity leave itself is changing.
- What employers and employees should prepare for.
Current maternity leave rules (2026)
It’s best to start with things as they stand now, so you have a clear understanding of the situation at present.
The maternity leave system, as it stands, is considered one of the most generous in the world. The basics haven’t changed for years.
Maternity leave
All pregnant employees are entitled to (2) [cited 27.5.26]
- 52 weeks of maternity leave.
- 26 weeks ordinary maternity leave.
- 26 weeks additional maternity leave.
You have this right from the first day of employment and you don’t need a minimum length of service.
You can start maternity leave:
- Anytime from 11 weeks before your due date, or
- Automatically if you’re off sick with a pregnancy‑related illness in the last 4 weeks before birth.
With any time away from work, what you’ll be paid during that period is always going to be near the front of your mind.
Statutory Maternity Pay (SMP)
SMP is available if you meet the earnings and service criteria. It’s paid (3) [cited 27.5.26] :
- For the first six weeks you get 90% of your average pay. Your average pay is based on your earnings in a fixed period in the middle of your pregnancy.
- After the first six weeks, you get a flat rate of £194.32 per week (April 2026 – April 2027) for 33 weeks or 90% of your average earnings if they are lower.
(These figures change annually.)
Maternity Allowance
If you don’t qualify for SMP, you may be eligible for Maternity Allowance instead. It is a payment you can get when you take time off to have a baby.
You could get it if you:
- Are employed but cannot get SMP.
- Are self-employed.
- Have recently stopped working.
- Take part in unpaid work for the business of your spouse or civil partner.
You can get Maternity Allowance for up to 39 weeks.
You can apply for Maternity Allowance as soon as you’ve been pregnant for 26 weeks. Payments can start any time between the 11th week before your baby is due and the day after the baby is born.
Contractual maternity pay
Some employers, usually the larger companies, will offer more than SMP, which is typically known as enhanced or contractual maternity pay. What it actually is, and will be, can vary from one workplace to another e.g. someone might receive 26 weeks on full pay and then move onto 13 weeks of SMP.
Details could be included in your employment contract or can be obtained from your employer, if you ask it. Sometimes enhanced maternity pay comes with conditions.
You might have to repay some or all of the enhanced part, that is anything above the statutory amount, if you opt not to return to work or leave shortly after coming back.
Protection from discrimination
Pregnant employees and new mothers have strong legal protections. Employers must not treat you unfavourably because of pregnancy, maternity leave, or related health issues.
There is no upper limit to the compensation that can be awarded in the event of a successful employment tribunal claim for this type of discrimination.
For example, a video operations manager locked out her work system while on pregnancy-related sick leave is reported to have been awarded more than £73,000 after a tribunal ruled she was unfairly dismissed and discriminated against (4) [cited 27.5.26].
The tribunal found that the employer rushed the dismissal process, with the employment judge concluding that this urgency was “inextricably linked” to the employee’s pregnancy and related absence.
So what has changed, and what is changing, under the ERA?
Parental Leave
- Day‑one rights for Parental Leave (not maternity leave)
Under Section 15 of ERA 2025, unpaid parental leave became a day‑one right from 6 April 2026. Previously, you needed one year of continuous service.
- Paternity Leave becomes a day‑one right
Section 16 removes the old rule requiring 26 weeks’ service before taking paternity leave. Fathers and partners can now take paternity leave from their first day of employment.
- Flexibility between Paternity Leave and Shared Parental Leave
Section 17 removes the old restriction that prevented employees from taking paternity leave if they had already taken Shared Parental Leave (SPL) (5) [cited 27.5.26]
This is significant because it gives families more freedom to structure leave in a way that works best for them.
- Enhanced dismissal protections for pregnant women and new mothers
The Government’s ERA 2025 factsheets confirm enhanced dismissal protections for pregnant women and new mothers (6) [cited 27.5.26]
It does mean employers will face stricter rules and higher expectations when handling redundancies or dismissals involving pregnant employees or those returning from maternity leave.
So…does this mean maternity leave rules are changing?
Simple answer, no. Maternity leave rules are not changing under ERA. The Act doesn’t alter the 52‑week entitlement, maternity pay or when leave can start.
The focus is on areas such as parental leave, paternity leave, shared parental leave, protection from dismissal and wider employment rights. The official ERA factsheets confirm this (7)[cited 27.5.26]
What employers need to do
Update parental leave, paternity leave and Shared Parental Leave policies, along with dismissal procedures and staff handbook, so everything reflects the new rules. Managers also need training so they understand day‑one rights, the new dismissal protections, how to handle pregnancy‑related issues fairly and how to avoid discrimination risks.
It’s just as important to communicate the changes clearly so employees know what’s changing, when the changes take effect, how to request leave and what evidence they’ll need to provide, which will help to clear up any confusion.
What employees need to do
If you’re pregnant or planning a family, now is a very good time to have a look at your employer’s policies.
Some will offer enhanced maternity pay or extra support. Also start planning your leave early so you understand how paternity and parental leave fit into the bigger picture.
It also helps to know your rights, including day‑one maternity leave rights, protection from discrimination, protection from unfair dismissal and the right to return to work, and you’ll soon benefit from stronger protections against dismissal under the ERA .
FAQs:
- Does ERA 2025 change maternity leave?
No. There are no changes to the length or structure of maternity leave.
- Does ERA 2025 change maternity pay?
No. SMP rules remain the same.
- Does ERA 2025 improve protections for pregnant women?
Yes. It strengthens protections by expanding redundancy safeguards, improving flexible‑working rights and reinforcing protection against unfair treatment during pregnancy and maternity leave.
Is that it, or are more changes expected?
Possibly. The government is consulting on parts of the ERA, as part of the Make Work Pay initiative (8) [cited 27.5.26]. It is seeking views from employers, workers and trade unions.
In summary
The maternity leave rules remain the same with 52 weeks of leave, strong protections, and a well‑established system. ERA 2025 doesn’t change that. But it does strengthen the wider support system for parents, especially through day‑one rights for paternity and parental leave and enhanced protections for pregnant women.
