Key Takeaways
- Statutory Maternity Pay (SMP) in the UK is paid for up to 39 weeks. The first 6 weeks are paid at 90% of your average weekly earnings (before tax), with the following 33 weeks at the standard SMP rate.
- To qualify, you must meet strict SMP eligibility criteria, including at least 26 weeks’ continuous employment with your employer by the end of the qualifying week.
- The SMP period is fixed and starts when you begin statutory maternity leave; you must give written notice to your employer at least 15 weeks before your due date.
- Incorrect SMP calculations or breaches in legal requirements can result in delayed payment and disputes—protect yourself with thorough record-keeping and proactive checks.
- Notification deadlines, use of Keeping in Touch (KIT) days, and employment contract details directly affect your statutory maternity pay entitlement.
- If you don’t qualify for SMP, you may be eligible for Maternity Allowance, helping you access crucial financial support during your maternity leave.
- Go-Legal AI is rated Excellent on Trustpilot with over 170 five-star reviews from satisfied users, providing trusted legal support for maternity leave planning.
- Using our AI-powered tools ensures you fully understand your maternity pay rights, access compliant templates, and remain in control throughout your SMP period.
How Long Do You Receive Statutory Maternity Pay in the UK? [2025 Update]
Knowing exactly how long you receive statutory maternity pay in the UK is crucial for both employees and employers. Any uncertainty can lead to missed payments, compliance issues, or difficulties managing cashflow during your leave.
Statutory Maternity Pay (SMP) in England & Wales is paid for up to 39 weeks. The scheme in 2025 continues to use this model, giving eligible employees stable financial support while they take time off around the birth or adoption of a child. While your legal entitlement to maternity leave itself can be up to 52 weeks, the final 13 weeks are typically unpaid unless your contract offers enhanced benefits.
Payment Breakdown:
- First 6 weeks: 90% of your average weekly earnings (before tax)
- Next 33 weeks: £187.18 per week (2025 rate) or 90% of your average weekly earnings, whichever is lower
If you return to work before week 39, your SMP ends immediately. If you stay on leave after SMP finishes, those weeks are unpaid unless your contract offers additional payments.
Our instant SMP calculator and timeline tools make it easy to plan your leave—track every payment week and never miss a deadline.
Statutory Maternity Pay Duration: How Many Weeks Do You Get Paid SMP?
Your statutory maternity pay duration is strictly defined in UK employment law: you get up to 39 weeks of paid SMP, following a two-tier structure.
| SMP Milestone | Weeks | Pay Level |
|---|---|---|
| Higher Rate Period | Weeks 1–6 | 90% of your average weekly earnings |
| Main SMP Period | Weeks 7–39 | £187.18 per week (2025) or 90%, whichever’s lower |
| SMP Ends | – | Return to usual pay or unpaid leave |
This week-by-week split allows you to map out your finances during leave and make informed decisions if considering an early return or flexible working.
You can generate a custom maternity leave and payment schedule instantly using our pay breakdown tools, allowing you to avoid financial surprises.
Who Qualifies for Statutory Maternity Pay? SMP Eligibility Criteria Explained
To qualify for statutory maternity pay in England and Wales, you must meet three clear requirements:
- Employment Status: You must have been continuously employed by your employer for at least 26 weeks by the end of the “qualifying week” (the 15th week before your due date).
- Earnings Threshold: Your average weekly earnings must be at least £123 (2025 rate) during the 8 weeks prior to the qualifying week.
- Correct Notification: You must provide written notice of your intended leave—including your MATB1 certificate—at least 15 weeks before your due date.
Eligibility Checklist:
- Continuous employment for 26 weeks by the qualifying week
- Earn £123+ per week (before tax)
- Formal written notice with the MATB1 form provided on time
- Still employed by your employer in the qualifying week
If you do not meet the criteria, you are not entitled to SMP, but your employer must issue an SMP1 form within 7 days of reaching their decision, enabling you to claim Maternity Allowance.
Statutory Maternity Pay Timeline: Start Date, Payment Breakdown, and End Point
Your SMP period can start at any time from the 11th week before your baby is due. The actual start date may differ, depending on your personal or medical circumstances.
Your SMP Timeline: Key Points
- Earliest possible start: 11 weeks before due date
- Automatic start: If you are off sick from the 4th week before due, or if your baby is born early, your SMP starts immediately
- Choose your start date: Within the statutory window
Required Documentation:
- Written notification to your employer, including the planned start date
- Your MATB1 certificate (available from 20 weeks into pregnancy)
- Accurate records and confirmations with dates and responses
Step-By-Step Timeline Preparation
- Decide on your preferred leave start date, considering childcare and financial needs.
- Give your employer formal written notice at least 15 weeks before the due date, attaching the MATB1.
- Use our downloadable SMP timeline and calculator to track week-by-week pay and leave.
- Request written confirmation from your employer detailing when your SMP starts and ends, and what your weekly payments will be.
If you remain on maternity leave after SMP ends, weeks 40–52 will typically be unpaid, unless your contract offers enhanced maternity terms.
Our platform lets you upload your dates and paperwork to instantly create a tailored timeline, so you always know where you stand.
How to Notify Your Employer and Claim Statutory Maternity Pay: Step-By-Step Checklist
To secure your statutory rights and avoid payment delays, you must notify your employer correctly. Follow this sequence for a compliant SMP claim:
- Check your eligibility with continuous employment and earnings tests.
- Obtain your MATB1 certificate from your midwife after 20 weeks of pregnancy.
- Write to your employer, at least 15 weeks before your due date, stating when maternity leave will start.
- Store all documentation—notice, MATB1, and employer responses.
- Request a formal written response confirming your SMP entitlement and payment details.
If you notify your employer late or provide incomplete information, your payments may be delayed or refused. In such a case, ensure your employer issues the SMP1 form so you can apply for other support without delay.
Our template generator helps you create and send compliant notification letters in minutes, removing the risk of error.
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Key Clauses and Documents for Statutory Maternity Pay: Checklist for Employees and Employers
Having clear clauses in your employment contract and meticulous record-keeping makes the SMP process significantly smoother. Review this checklist to confirm you and your employer remain fully compliant:
| Clause/Requirement | What It Means | Why It’s Important |
|---|---|---|
| Notification Deadline | Notify your employer by the 15th week before due | Ensures your legal entitlement to SMP |
| SMP1 Form | Issued if you don’t qualify for SMP | Enables timely application for Maternity Allowance |
| Keeping in Touch (KIT) Days | Up to 10 paid workdays allowed during leave | Keeps you engaged without affecting SMP |
| Pay Calculation Method | Payroll formula used by your employer | Prevents misunderstandings and disputes |
| Annual Leave During Maternity | Holidays accrue as normal during leave | Protects your future leave and pay rights |
Access our document checklists and sample notification letters, so your paperwork is always robust and complete.
What If You’re Not Eligible for Statutory Maternity Pay? Maternity Allowance and Alternative Support
If you do not qualify for statutory maternity pay, you may be able to claim Maternity Allowance—especially if you are self-employed, have less than 26 weeks’ continuous employment, or your earnings are just below the SMP threshold.
How to claim Maternity Allowance:
- Secure your SMP1 form from your employer explaining the refusal or ineligibility
- Apply through Jobcentre Plus (online or post), providing evidence of your earnings, due date, and previous employment or self-employment history
- Maternity Allowance is paid at up to £172.48 per week (2025) for up to 39 weeks
This support is available for a range of situations, including recent self-employment or assisting a spouse or partner in their business.
Our dispute resolution templates help you request SMP1 forms or challenge eligibility decisions with confidence.
Working During Statutory Maternity Pay: KIT Days, Pay Rights, and Returning to Work
While on SMP, you are entitled to use up to 10 Keeping in Touch (KIT) days without losing any maternity payments. KIT days are a valuable tool for staying involved in your workplace and easing your transition back after maternity leave.
- You earn your usual pay for KIT days in addition to SMP (unless your contract states otherwise)
- Using more than 10 KIT days causes SMP to end immediately from the next workday
- Both you and your employer must agree in writing to any KIT days—neither side can demand them
- Your right to accrue annual leave continues throughout maternity leave and SMP
- Returning to work before 39 weeks ends SMP on your return date
Our legal support hub reviews your KIT arrangement in moments, making sure you always protect your pay and your rights.
How Go-Legal AI Simplifies Statutory Maternity Pay
Managing your statutory maternity pay shouldn’t be overwhelming. Our platform breaks down every element—eligibility, payment schedules, documentation—so you can act confidently without specialist legal training.
- Instantly access plain-English guides, illustrated timelines, and eligibility checkers to answer questions like “how long do you receive statutory maternity pay in the UK”
- Tailor notification templates and claim letters to your exact needs—no legal jargon or stress
- Use our document checklists, notification tools, and payment calculators to stay organised and in control
- Resolve SMP disputes quickly with on-demand support and AI-guided document checks
- Trusted by thousands across the UK, our Excellent Trustpilot rating reflects our commitment to clarity and customer care
Start your free trial to streamline your maternity leave planning, documentation, and compliance today.
Frequently Asked Questions
When does statutory maternity pay start and finish in the UK?
SMP can start from the 11th week before your due date. It lasts for up to 39 weeks and stops when you return to work or reach the end of the 39-week period.
Can I work for another employer while receiving SMP?
Only if you didn’t work for the new employer during the 15th week before your due date. If you accept employment with another employer you worked for during that time, your SMP entitlement will be withdrawn.
What if my employer pays me less than I am owed in SMP?
Raise the issue in writing with your employer. If it is not resolved, you can contact HMRC’s Statutory Payments Disputes Team, or use our contract review tools for precise, instant advice.
Do I continue to accrue annual leave during my SMP period?
Yes, you continue to build up annual holiday while on maternity leave, including during paid SMP.
How is SMP calculated with variable earnings?
Your average weekly earnings are worked out using total pay (salary, bonuses, overtime) from the 8 weeks leading up to your qualifying week.
What are Keeping in Touch (KIT) days, and how many can I use?
You can use up to 10 paid days for training or meetings during leave without affecting your SMP. Using more than 10 KIT days ends your SMP.
Can I get enhanced maternity pay as well as SMP?
Yes, some employers offer enhanced (contractual) maternity pay. You will always receive at least the statutory minimum (SMP) if you qualify.
What if my employer does not give me an SMP1 form?
Request the form in writing. Employers are legally obliged to provide SMP1 if you do not qualify for SMP, which is essential for claiming Maternity Allowance.
Does SMP affect my right to parental leave?
No, SMP and parental leave are distinct entitlements. Taking maternity leave (and pay) does not affect your right to separate, unpaid parental leave.
What about pension contributions during SMP?
Your employer must keep contributing to your pension based on your normal wage. Your personal contributions will be based on the pay you actually receive.
Plan and Protect Your Maternity Leave with Go-Legal AI
Understanding exactly how long statutory maternity pay lasts in the UK ensures you don’t miss vital payments or lose out on employment rights. As seen above, the key to successful maternity leave planning lies in meeting deadlines, following statutory notification requirements, and using robust documents at every stage. Missing these steps can result in denied payments and additional stress—especially right when stability matters most.
Go-Legal AI removes all the guesswork from maternity leave. Our platform helps you generate compliant notification templates, run instant eligibility checks, track pay timelines, and resolve disputes in moments, putting you in control at every step. Begin your free trial today and experience complete confidence with every aspect of statutory maternity pay planning.
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