Understanding how to claim maternity leave involves more than just counting down the weeks until your due date — it requires careful navigation of Statutory Maternity Pay (SMP), Maternity Allowance (MA), and strict employer notification deadlines. Whether you are a full-time employee, agency worker, or self-employed, the process hinges on using the correct HMRC forms and understanding the 15-week qualifying period. In this guide, we break down exactly how to claim maternity leave correctly under UK law, covering the essential MATB1 certificate details, the difference between Ordinary and Additional Maternity Leave, and the step-by-step timeline for securing your pay and job protection from the moment you tell your employer to the day you start your 52-week entitlement.
Read the full guide below or read the quick 60 Second Solution.
Who is Eligible for Maternity Leave?
What Are the Entitlements for Maternity Leave?
Step-by-Step Guide to Claiming Maternity Leave
After Claiming Maternity Leave
What is Maternity Leave?
Maternity leave is a statutory right that allows eligible pregnant employees to take time off work both before and after the birth of their child, with legal protection for their job role. It is divided into two distinct periods: Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the final 26 weeks), totalling up to 52 weeks of leave regardless of how long you have worked for your employer.
It’s important to distinguish the leave from the pay. While almost all employees are entitled to the full 52 weeks off, the money you receive during that time — known as Statutory Maternity Pay (SMP) or Maternity Allowance (MA) — depends on specific earnings and employment criteria. Crucially, even if you do not qualify for maternity pay, you may still be legally entitled to take the full 52 weeks of maternity leave and return to the same job afterward.
Who is Eligible for Maternity Leave?
To be eligible for statutory maternity leave, you must be legally classed as an employee – this includes those on fixed-term contracts. The right to take maternity leave is a day-one entitlement, which means you can take up to 52 weeks off work for maternity purposes from the very first day of your employment, regardless of how long you've worked for your employer.
While the leave is a day-one right, eligibility for Statutory Maternity Pay (SMP) is separate and has stricter criteria. It's also crucial to give the correct notice to your employer.
- Employee Status: You must be directly employed by the company.
- Day-One Right: The right to take up to 52 weeks of maternity leave applies from your first day in a new job. You do not need to have worked for your employer for a certain amount of time to be eligible for the leave itself.
- Notice to Employer: You must give your employer the correct notice. This usually involves informing them in writing at least 28 days before you plan to start your leave and providing them with proof of your pregnancy, such as a MAT B1 certificate from your doctor or midwife.
- Pay vs. Leave Eligibility: The above criteria are for the leave. To be eligible for Statutory Maternity Pay (SMP) during that leave, you must have been continuously employed for at least 26 weeks into the 15th week before your baby is due and meet minimum earnings criteria. Employees who don't qualify for SMP, such as those who are self-employed or have recently changed jobs, may be eligible for Maternity Allowance instead.
What Are the Entitlements for Maternity Leave?
It's important to understand the difference between the right to leave and the right to pay.
- Leave: You are entitled to take up to 52 weeks off work. You do not need to have worked for a certain amount of time to take this leave.
- Pay: Whether you are paid during this time depends on meeting specific eligibility criteria for Statutory Maternity Pay (SMP) or Maternity Allowance (MA).
Statutory Maternity Pay (SMP)
If you're an employee and meet the qualifying conditions (26 weeks' continuous service by the 15th week before your due date and earnings above the Lower Earnings Limit), your employer will pay you SMP for up to 39 weeks. From April 2026, the rates are:
- First 6 weeks: 90% of your average weekly earnings (before tax).
- Remaining 33 weeks: £194.32 per week, or 90% of your average weekly earnings if this is less than £194.32.
- The final 13 weeks of the 52-week leave period are usually unpaid unless your employer offers a more generous enhanced maternity pay scheme.
Maternity Allowance (MA)
If you're not eligible for SMP (for example, if you're self-employed, have recently changed jobs, or don't meet the earnings threshold), you may be able to claim Maternity Allowance directly from the government. For the 2026/27 tax year, the standard rate of MA is also £194.32 per week.
Step-by-Step Guide to Claiming Maternity Leave
Step 1: Provide Formal Written Notice to Your Employer
You must inform your employer of your pregnancy, your expected week of childbirth, and the date you intend to start your leave. While the law does not strictly require this notice to be in writing, doing so via email or a dated letter is strongly recommended to create a clear paper trail.
Important notification requirements:
- Deadline: You must provide notice no later than the 15th week before your baby is due — a critical deadline known as the 'qualifying week'.
- Content: Your notice must include the expected week of childbirth and your intended start date.
- Best Practice: Always provide this notice in writing (email or letter) to protect yourself and maintain a clear record of compliance.
Step 2: Obtain and Submit the MAT B1 Certificate
To process your claim, your employer requires official proof of your pregnancy. You must obtain a MAT B1 certificate from your doctor or registered midwife. This form confirms your expected due date and acts as the primary documentation for both your leave and any Statutory Maternity Pay (SMP) claim. Once you have the MAT B1, you should provide it to your employer as soon as possible to ensure there is no delay in setting up your payroll or confirming your leave dates.
Details regarding the MAT B1 form:
- Timing: You can only request this form once you are 20 weeks pregnant.
- Source: Provided free of charge by your midwife or GP.
- Purpose: It is the mandatory proof required by law to validate your pregnancy and due date for both leave and pay purposes.
Step 3: Choose and Confirm Your Leave Start Date
You have a degree of flexibility regarding exactly when your maternity leave period commences. You should communicate your chosen start date clearly to your employer, understanding that they will automatically assume you are taking the full 52-week period unless you specify otherwise.
Key parameters for setting your start date:
- Earliest Start: You can begin leave from the beginning of the 11th week before your expected due date.
- Latest Start: Leave can start up to the day after your baby is born.
- Compulsory Leave: You must take a minimum period following birth:
- Two weeks for most employees.
- Four weeks for factory workers.
Step 4: Receive Written Confirmation from Your Employer
Once you have provided your notification and MAT B1 form, your employer has a legal obligation to respond. This letter is an important document that formalises the agreement and confirms your right to return to work.
What to expect from your employer's response:
- Deadline for Response: Your employer must write to you within 28 days of receiving your notice.
- Contents of Letter: The confirmation must explicitly state:
- The date your maternity leave will begin.
- The date your Statutory Maternity Pay will start (if applicable).
- Your expected date of return to work.
- Action: Keep this letter safe with your important personal documents.
After Claiming Maternity Leave
As you progress through your pregnancy and leave, there are final procedural points to keep in mind regarding the timeline. These rules are designed to protect you from being incorrectly classified as sick and to ensure a smooth handover back to your role.
Important return and trigger considerations:
- Automatic Trigger for Leave: If you are absent due to a pregnancy-related illness in the four weeks immediately before your due date, your maternity leave is triggered automatically by law. This prevents you from being recorded as sick during this period.
- Returning Early: You do not need to decide your exact return date immediately. However, if you wish to return earlier than the full 52 weeks, you must provide your employer with at least eight weeks' written notice of your new return date.
- Right to Return: You have the right to return to your original job after Ordinary Maternity Leave (first 26 weeks), or a suitable alternative role after Additional Maternity Leave (final 26 weeks).
Last updated: 18/04/2026
60 Second Solution
Step 1: Check Your Leave Rights
- You’re entitled to 52 weeks of maternity leave from your first day of employment.
- No minimum service required for leave itself.
- Leave splits into: 26 weeks Ordinary + 26 weeks Additional.
Step 2: Give Written Notice to Your Employer
- Deadline: 15th week before your due date (at least 28 days before leave starts).
- Include: expected week of childbirth + intended leave start date.
- Use email or letter to keep a record.
Step 3: Get and Submit Your MAT B1 Certificate
- Available from your midwife or GP once you’re 20 weeks pregnant.
- This is official proof of pregnancy and due date.
- Give it to your employer as soon as possible.
Step 4: Choose Your Leave Start Date
- Earliest: 11 weeks before due date.
- Latest: day after birth.
- You must take at least 2 weeks off after birth (4 weeks if a factory worker).
Step 5: Receive Written Confirmation from Your Employer
- Employer must reply within 28 days of your notice.
- Confirmation letter must state: leave start date, pay start date, expected return date.
- Keep this letter safe.
Step 6: Know Your Return Rules
- Right to return to same job after Ordinary Maternity Leave (first 26 weeks).
- To return early, give at least 8 weeks’ written notice.
- If you’re off with a pregnancy-related illness in the 4 weeks before your due date, maternity leave starts automatically.