Common questions about statutory maternity pay, eligibility, and your rights
Agency workers can qualify for SMP, but it depends on the terms of their engagement. If you are employed by the agency (rather than being self-employed), and you meet the standard eligibility criteria — 26 weeks of continuous employment with the same agency by the qualifying week, and average weekly earnings at or above the Lower Earnings Limit — then you are entitled to SMP from the agency. The key factor is continuous employment: if you have gaps between assignments or switch between agencies, your continuity may be broken. If you do not qualify for SMP, you may still be entitled to Maternity Allowance, which has more flexible eligibility requirements.
Yes, you can qualify for SMP on a zero-hours contract. Zero-hours workers are employees and have the same statutory rights as other employees, including maternity pay. The challenge is meeting the eligibility requirements. You need 26 weeks of continuous employment — even if you had weeks with no hours, your employment is still continuous as long as the contract was in place. You also need average weekly earnings at or above £125 per week during the relevant eight-week reference period. If your hours and earnings fluctuate significantly, your average may fall below this threshold. If you do not meet the earnings requirement for SMP, check whether you qualify for Maternity Allowance, where the earnings threshold is lower (£30 per week in any 13 weeks out of 66).
Yes, you can receive SMP from each employer, provided you meet the eligibility criteria with each one independently. Each employer assesses your entitlement separately based on your length of service and earnings with them. This means if you have two part-time jobs and qualify for SMP with both employers, you receive SMP from each. This can be particularly beneficial as it may result in a higher total maternity pay than you would receive from a single employer. You need to provide each employer with a MATB1 certificate — ask your midwife for additional copies if you have multiple employers.
If your role is genuinely made redundant during your maternity leave, your employer must offer you a suitable alternative vacancy if one exists, in preference to other employees. This is a significant legal protection. If there is no suitable alternative role, you can be made redundant, but you are entitled to your full redundancy pay, notice pay, and any remaining SMP. Your SMP does not stop simply because you have been made redundant — your former employer must continue paying it for the remainder of the 39-week period.
Since April 2024, redundancy protection has been extended. It now applies from the moment you inform your employer of your pregnancy and continues until 18 months after the birth of your child. If you believe you have been unfairly selected for redundancy because of your pregnancy or maternity leave, this is automatically unfair dismissal and pregnancy discrimination, and you can bring a claim to an employment tribunal.
Yes, you continue to accrue your full annual leave entitlement throughout your entire maternity leave, including bank holidays. This applies during both Ordinary Maternity Leave (first 26 weeks) and Additional Maternity Leave (final 26 weeks). If taking a full year of maternity leave, you will accrue a substantial amount of holiday. Many employees choose to add their accrued holiday to the beginning or end of their maternity leave, effectively extending the time away from work. If your holiday year ends during your maternity leave and you cannot take the accrued days, your employer should allow you to carry them over to the next year. Discuss your holiday arrangements with your employer before your leave starts to avoid any confusion.
You have the right to request flexible working, which includes reducing your hours, after maternity leave. However, it is important to understand that this is a right to request, not an automatic right to part-time work. Your employer must consider your request seriously and can only refuse it for specified business reasons, such as the burden of additional costs, an inability to reorganise work amongst existing staff, or a detrimental impact on quality or performance.
Submit your flexible working request in writing, ideally before you return from maternity leave. Your employer must respond within two months. If your request is refused, they must explain which business reason applies. You can appeal the decision. If you believe the refusal is unreasonable, or if you are treated unfavourably for making a request, you may have grounds for a complaint to an employment tribunal.
During paid maternity leave (the 39 weeks when you receive SMP or enhanced maternity pay), your employer must continue making employer pension contributions based on your normal full salary, not your reduced maternity pay. Your employee contributions, however, are only deducted from the maternity pay you actually receive. This means your pension benefits are protected even though your income is reduced.
During any unpaid maternity leave (the final 13 weeks if you take the full 52 weeks), neither you nor your employer is required to make pension contributions, though some employers choose to continue contributions as part of their enhanced maternity package. This period of unpaid leave will count as a break in pensionable service, but it should not significantly affect your overall pension entitlement. Check with your pension provider or HR department for the specific terms that apply to you.
SMP is counted as income for benefits purposes, which may affect your entitlement to means-tested benefits. However, many new parents find they become eligible for additional support during maternity leave because their income has dropped. You may be able to claim Universal Credit if your household income is below the threshold. Child Benefit is available for all families regardless of income (though there is a tax charge for higher earners). You may also qualify for the Sure Start Maternity Grant (£500 for your first child if you receive certain benefits), Healthy Start vouchers for food and milk, and Council Tax Reduction. Check your eligibility for each benefit individually, as the rules vary. The government's benefits calculator on GOV.UK can help you identify what you may be entitled to.
Self-employed workers are not entitled to Statutory Maternity Pay, as SMP is an employment benefit. However, you may qualify for Maternity Allowance if you have been self-employed for at least 26 of the 66 weeks before your expected week of childbirth and have paid Class 2 National Insurance contributions (or hold a Small Earnings Exception certificate). Maternity Allowance for self-employed workers is paid at £187.18 per week or 90% of your average weekly earnings, whichever is lower, for 39 weeks. Apply through Jobcentre Plus using form MA1. Unlike SMP, Maternity Allowance is not taxable, which is a small advantage. Plan ahead financially, as there is no equivalent of employer-enhanced pay for self-employed workers.
Statutory Adoption Pay (SAP) mirrors SMP in almost every respect. It is paid for 39 weeks at the same rates: 90% of average weekly earnings for the first 6 weeks, then £187.18 per week (or 90% of earnings if lower) for the remaining 33 weeks. The eligibility requirements are also the same: 26 weeks of continuous employment and average weekly earnings at or above the Lower Earnings Limit.
The main differences are procedural. Instead of a MATB1 certificate, you provide a matching certificate from the adoption agency. Adoption leave can start up to 14 days before the child is placed with you, whereas maternity leave can start up to 11 weeks before the due date. If you are adopting as a couple, only one parent can take adoption leave and pay; the other parent may be eligible for paternity leave and pay, or you can opt for Shared Parental Leave between you.
KIT days allow you to work for up to 10 days during your maternity leave without bringing your leave or SMP to an end. They are entirely voluntary — neither you nor your employer can require them. KIT days are useful for attending training sessions, team meetings, important events, or gradually easing back into work. Any amount of work on a single day counts as one KIT day, so even attending a one-hour meeting uses up a full KIT day.
Payment for KIT days should be agreed with your employer in advance. Some employers pay your normal daily rate on top of SMP, while others pay your normal rate with SMP offset against it. There is no statutory minimum payment for KIT days beyond the SMP you are already receiving. If you work more than 10 KIT days, you will lose SMP for any additional days worked, and it may be treated as a return to work.
Yes, but within reason. Your employer can make reasonable contact with you during maternity leave to discuss matters such as your return-to-work plans, important workplace changes that affect you, or promotion and development opportunities. However, they should not contact you excessively or put pressure on you to return to work early. You are also free to contact your employer at any time. It is a good idea to agree how and how often you will keep in touch before your leave starts, so both sides have clear expectations. Reasonable contact does not count as a KIT day unless you actually perform work.