How to Request Paternity/Maternity Leave

Becoming a parent is an exciting time, and understanding your statutory leave entitlements in the UK ensures you can focus on your new arrival. This guide walks you through the process, with all information linked directly to official government sources for clarity and confidence.


Read the full guide below or read the quick 60 Second Solution.


Part 1: How to Request Maternity Leave

1. Know Your Eligibility & Entitlements

By law, all pregnant employees are entitled to 52 weeks of Statutory Maternity Leave (SML). This is divided into Ordinary Maternity Leave (first 26 weeks) and Additional Maternity Leave (last 26 weeks), as defined by the UK government's core guide at Guide - GOV.UK.

You must have been employed by your employer by the 15th week before your expected week of childbirth (EWC).


2. Understand Statutory Maternity Pay (SMP)

You may be eligible for Statutory Maternity Pay (SMP) if you:

  • Earn at least £123 per week (the Lower Earnings Limit).
  • Have worked for your employer continuously for at least 26 weeks by the 15th week before your EWC.
  • Give correct notice.

SMP is paid for up to 39 weeks:

  • First 6 weeks: 90% of your average weekly earnings.
  • Remaining 33 weeks: £184.03 per week or 90% of your average weekly earnings (whichever is lower), as per the latest Statutory Pay Rates from HMRC.

3. The Notification Process: Step-by-Step

  1. Tell your employer you’re pregnant. You must do this by the end of the 15th week before your EWC.
  2. Formally request your leave. By the same deadline, tell your employer your due date, start date, and provide your MATB1 certificate (issued after 21 weeks).
  3. Agree on Keep in Touch (KIT) days. You can work up to 10 KIT days without affecting SMP.

4. Submit Your Formal Request

Your written notice should include your details, due date, chosen start date, and a copy of your MATB1. Your employer must then confirm your leave dates in writing within 28 days.


Part 2: How to Request Paternity Leave

1. Know Your Eligibility & Entitlements

To qualify for Statutory Paternity Leave (SPL), you must (Guide - GOV.UK):

  • Be an employee.
  • Have been continuously employed by your employer for at least 26 weeks by the 15th week before the baby is due.
  • Be the baby’s father, the mother’s partner, or the intended parent in a surrogacy.

You are entitled to either 1 or 2 consecutive weeks of leave, which must be taken within 56 days of the birth.


2. Understand Statutory Paternity Pay (SPP)

If eligible, you can receive Statutory Paternity Pay (SPP) at the current rate of £184.03 per week (or 90% of average weekly earnings if lower), as per HMRC. You must earn at least the weekly Lower Earnings Limit (£123).


3. The Notification Process: Step-by-Step

  1. Formally notify your employer. You must do this by the 15th week before the due date (Guide - GOV.UK).
  2. Provide the required information. Your notice should state the due date, leave length (1 or 2 weeks), and chosen start date.
  3. Provide proof. Your employer can ask for a self-certificate or a copy of the birth certificate.

Key Legal Protections

  • Your right to request leave is protected under the Employment Rights Act 1996.
  • You are protected from discrimination under the Equality Act 2010.

What to Do If Your Request Is Refused

If your employer unlawfully refuses your leave or pay:

  1. First, seek free and impartial guidance from the ACAS helpline.
  2. Raise a formal grievance following your workplace policy - How to Write a Grievance
  3. If unresolved, you may have a claim at an Employment Tribunal.

Summary Checklist for Employees

  • Check your eligibility using the government's Maternity and Paternity guides.
  • Notify your employer in writing by the 15th-week deadline.
  • Provide the correct proof (MATB1 for maternity).
  • Confirm your leave dates in writing from your employer.
  • Understand your pay using the HMRC statutory pay calculator.

Last reviewed: 02/01/2026

Tap the button below for a summarised, step by step guide.

60 Second Solution

Step 1: Check Eligibility & Deadlines

  • Maternity: All pregnant employees are entitled to 52 weeks of leave. You must formally notify your employer by the 15th week before your due date.
  • Paternity: Eligible employees can take 1 or 2 consecutive weeks of leave. The same notification deadline applies: the 15th week before the due date.

Step 2: Give Formal Written Notice
Provide your employer with a written notice that includes:

  • Your expected due date.
  • Your chosen start date for leave.
  • For maternity leave, include your MATB1 certificate (provided by your midwife or doctor after 21 weeks of pregnancy).

Step 3: Understand Your Pay Entitlements

  • Statutory Maternity Pay (SMP): Paid for up to 39 weeks. The first 6 weeks are paid at 90% of your average weekly earnings, followed by 33 weeks at the statutory rate (currently £184.03 per week) or 90% of your earnings—whichever is lower.
  • Statutory Paternity Pay (SPP): Paid at the statutory rate (currently £184.03 per week) or 90% of your average weekly earnings, whichever is lower, for the weeks you take off.

Step 4: Know Your Rights & Next Steps

If you encounter any issues or your request is refused, seek free and impartial advice from ACAS (Advisory, Conciliation and Arbitration Service).

Your employer must respond in writing to confirm your leave dates.

You are legally protected against discrimination for taking parental leave under the Equality Act 2010.