This guide explains everything you need to know about Statutory Maternity Pay (SMP) in the UK: what it is, who is eligible, how much you’ll get, how and when to claim, your rights at work, and what happens if you don’t qualify. It is written in plain English and organised so you can quickly find the answers you need.
What is Statutory Maternity Pay?
Statutory Maternity Pay (SMP) is a legal entitlement for many employees in the UK when they take time off work to have a baby. Your employer pays it, and the rate and length of pay are set by law.
It runs alongside your statutory maternity leave, which is the time off work you’re allowed to have, and it protects your rights at work while you’re away.
Why it matters
- If you are planning to have a baby and you work, knowing about SMP helps you understand your income while you’re off work.
- If you’re an employer, you need to know about SMP so you meet your legal duties.
- If you’re changing job, or have unusual working arrangements such as part-time or zero-hours contracts, it’s useful to check how SMP applies to you.
How long does SMP last?
SMP lasts for up to 39 weeks. The first 6 weeks are paid at one rate, and the remaining 33 weeks are paid at another rate. You can also take up to 52 weeks of maternity leave in total, but the last 13 weeks are usually unpaid.
How much is SMP?
From April 2025, the weekly rate for SMP is £187.18 or 90% of your average weekly earnings, whichever is lower. For the first 6 weeks, you receive 90% of your average weekly earnings before tax. For the remaining 33 weeks, you receive the lower of £187.18 or 90% of your average weekly earnings.
Who is eligible for SMP?
To qualify for SMP, you must meet all of the following conditions:
- You are employed by your employer, not self-employed.
- You earn on average at least the lower earnings limit for National Insurance contributions, which is £125 per week from April 2025.
- You have worked for the same employer continuously for at least 26 weeks up to and including the 15th week before your baby is due.
- You have provided your employer with proof of your baby’s due date (the MAT B1 certificate) and given notice of when you intend to start maternity leave.
What counts as “worked continuously”?
Periods of paid leave, such as holiday or sick leave, count towards continuous employment. If you change employers, the clock resets and you’ll need 26 weeks with your new employer before qualifying for SMP.
If you don’t qualify
If you don’t qualify for SMP, you may still be eligible for Maternity Allowance, which is paid directly by the government. This usually applies if you are self-employed, recently stopped working, or don’t meet the continuous employment requirement.
When can SMP start?
You can start your maternity leave and SMP up to 11 weeks before your baby is due. If your baby is born early, SMP starts the day after the birth. If you are off work due to a pregnancy-related illness in the 4 weeks before your baby is due, your SMP will start automatically.
How to claim SMP
- Tell your employer that you’re pregnant and when you plan to start your maternity leave. You must give at least 15 weeks’ notice before your baby is due.
- Give your employer your MAT B1 certificate as proof of your due date.
- Confirm your maternity leave start date in writing. Your employer should confirm your pay and leave arrangements.
- Your SMP will be paid through your usual payroll and will be subject to tax and National Insurance.
Your rights while on maternity leave
- Your job is protected, and you have the right to return to work after your leave.
- You continue to build up holiday and pension entitlements while on maternity leave.
- Your employer cannot treat you unfairly, dismiss you, or change your role because you are pregnant or on maternity leave.
Working while on SMP
If you return to work before your SMP period ends, your SMP will stop. You can work up to 10 “keeping in touch” days during your maternity leave without affecting your SMP. These days are optional and must be agreed with your employer.
Employer responsibilities
- Employers must pay SMP to eligible employees and keep accurate records.
- They can usually recover most or all of the SMP payments from HMRC.
- Small employers can reclaim 103% of SMP through the Small Employers’ Relief scheme.
Interaction with other benefits
- SMP counts as taxable income and is subject to National Insurance.
- Your SMP may affect benefits such as Universal Credit, so it’s worth checking your overall income.
- If your employer offers enhanced maternity pay, this will usually include SMP and a top-up amount paid by the company.
Frequently Asked Questions
Can I split my maternity leave?
No. Maternity leave is taken in one block. However, you can share leave and pay with your partner through Shared Parental Leave.
What happens if my baby is born early or late?
If your baby is born early, SMP starts the day after the birth. If your baby is born late, your leave and pay dates remain the same unless you change them with your employer’s agreement.
What if I have a stillbirth or miscarriage?
If your baby is stillborn after 24 weeks of pregnancy or dies after birth, you are still entitled to maternity leave and SMP. If your pregnancy ends before 24 weeks, you may be eligible for Statutory Sick Pay instead.
Can I get SMP from more than one employer?
Yes, if you have more than one employer and meet the qualifying conditions with each, you can receive SMP from each employer separately.
Will maternity leave affect my pension or promotion?
You continue to build up pension contributions and service time during maternity leave, so your rights to pay reviews and promotions are protected.
Can I choose not to return to work?
You can choose not to return after maternity leave. You must give your employer your normal notice period if you resign.
Does SMP cover adoption or surrogacy?
SMP applies only to birth mothers. If you adopt or have a child through surrogacy, you may be entitled to Statutory Adoption Pay or Shared Parental Pay instead.
Before maternity leave starts: checklist
- Check your eligibility for SMP.
- Get your MAT B1 certificate and give it to your employer.
- Agree your start date for maternity leave in writing.
- Review your employer’s maternity policy to see if they offer enhanced pay.
- Understand how SMP affects your take-home pay, tax, and pension.
- Keep copies of all correspondence with your employer.
If your employer gets it wrong
If your employer refuses to pay SMP or pays the wrong amount, ask for a written explanation. If the issue isn’t resolved, contact HMRC’s Statutory Payments Disputes Team. You can also seek advice from Citizens Advice or ACAS.
SMP and non-standard work situations
Part-time or zero-hours work
You can still qualify for SMP if you meet the earnings and employment length requirements. Your average weekly earnings are calculated over a set period before your qualifying week.
Agency or contract work
If you’re an agency worker paid through PAYE, you may qualify for SMP through your agency. If you’re self-employed, you won’t qualify for SMP but you may get Maternity Allowance instead.
Changing jobs before your baby is due
If you change jobs during the qualifying period, you may not meet the 26-week employment rule with your new employer. Consider your timing carefully if you plan to change jobs before maternity leave.
Other related rights
- You can take up to 52 weeks of maternity leave, even if only 39 weeks are paid.
- Shared Parental Leave lets you and your partner share up to 50 weeks of leave and 37 weeks of pay.
- If you adopt, you may be entitled to Statutory Adoption Pay and leave.
- Some employers offer enhanced maternity pay or additional benefits, so always check your employment contract.
Summary
Statutory Maternity Pay provides financial support for working parents in the UK during maternity leave. You can get up to 39 weeks of pay if you meet the eligibility conditions. It’s paid by your employer and helps you stay financially stable while you take time off to care for your new baby.
- First 6 weeks: 90% of average weekly earnings.
- Next 33 weeks: £187.18 or 90% of average weekly earnings, whichever is lower.
- Maximum total: 39 weeks of paid leave, plus 13 weeks unpaid if you choose.
- Available to employees with 26 weeks of continuous service and earnings above the lower threshold.
For the latest rules, guidance, and calculators, visit the official government pages on Maternity Pay and Leave and Employer Maternity Pay Guidance.