There is no doubt that protection offered to those on maternity leave has increased significantly in recent times. It is important that you are fully aware of your rights during maternity leave. The best way to describe your rights while on maternity leave is simple, as if you were still in the workplace.
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Pay while on maternity leave
As we have mentioned in earlier articles, there are three basic types of pay while on maternity leave:-
Statutory maternity pay
Statutory maternity pay is the minimum maternity pay that eligible employees can receive from their employer.
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 £194.32 a week or 90% of your average weekly earnings.
Your average weekly earnings are calculated using the relevant 8-week period before the qualifying week. The qualifying week is the 15th week before the expected week of childbirth.
Contractual maternity pay
This is a voluntary contribution by your employer, which is over and above their minimum statutory obligation. It is important to be aware of any terms and conditions attached to contractual maternity pay. For example, if you decide not to return to work you may be obliged to repay all or part of your contractual maternity pay. However, whatever the terms and conditions over the additional payments, the statutory element of your maternity pay will never be repaid.
Maternity allowance
Maternity allowance is a payment provided by the government which is in effect a “catch-all” for those not eligible to statutory maternity pay/contractual maternity pay.
There are various terms and conditions when it comes to eligibility for these different types of maternity pay. It is important to do your research and take advice prior to arranging your maternity leave.
Pay reviews
Many people are unaware that even when you are on maternity leave, you are still entitled to benefit from any pay reviews. If you receive a pay rise while on maternity leave, your employer may need to recalculate your Statutory Maternity Pay. This can apply where the pay rise is awarded, or would have been awarded, between the start of the 8-week Statutory Maternity Pay calculation period and the end of your statutory maternity leave. If the recalculation means you should have received more maternity pay, your employer should pay the difference.
As many pay reviews involve individual performance, this can cause some confusion. Your employer should base any performance-related review on the time you were actually at work before your maternity leave began. They should not mark you down or deny you a pay rise because you were absent on maternity leave. If they do, this could amount to maternity discrimination and may leave them open to legal action.
Sick pay
Sick pay and maternity leave can overlap in complicated ways. As a general rule, you cannot usually receive statutory sick pay while you are receiving statutory maternity pay or maternity allowance.
If you are off work with a pregnancy-related illness in the 4 weeks before your baby is due, your maternity leave and maternity pay will usually start automatically.
There may be limited situations where statutory sick pay becomes relevant after your maternity pay period has ended, especially if you are still employed and meet the usual statutory sick pay criteria. Since 6 April 2026, eligible employees can receive statutory sick pay from the first day of sickness absence, and there is no longer a minimum earnings threshold.
Contractual sick pay is different and will depend on your employment contract or workplace sickness policy. If you are unsure, it is best to check with your employer or take professional advice.
Pension contributions
When looking forward to the birth of your child, pension contributions and future pension payments will probably be well down your list of considerations. However, it is important to be aware of your rights and your obligations while on maternity leave.
Maintaining pension contributions
To all intents and purposes you are still classed as in the workplace, even though you are on maternity leave. For example:-
- Your employer will continue to make pension contributions on the same terms as those prior to your maternity leave (on your “normal” pay)
- The default position for those on maternity leave is to continue contributing to their pension, although payments will be based on your maternity pay
- If you pay a set 5% of your gross wage towards your pension fund, then future payments will be 5% of your maternity pay, until you return to work
- There may well be an option to pause your pension contributions while on maternity leave, this is something to be discussed with your employer
In a perfect world you should continue to make pension contributions whilst on maternity leave. However, reality can sometimes be very different, with additional expenses and perhaps a “better” use of pension contributions in the short-term. It is important to balance your short-term requirements with your long-term pension plans.
Pension contributions and maternity pay
Due to individual circumstances you may not be eligible for any type of maternity payments, whether statutory, contractual or maternity allowance. In this scenario your employer would not be obliged to make any pension contributions while you are on maternity leave. It is the same where your maternity leave extends beyond the period during which you receive maternity pay.
When it comes to your own contributions to your pension fund while on maternity leave, whether in receipt of maternity pay or not, you can still make direct contributions. Whether these funds could be used more productively elsewhere in the short to medium-term is an individual preference.
Bonus payments
Your eligibility to bonus payments while on maternity leave will vary depending upon the specific circumstances and type of bonus. For example:-
Attendance based bonus
In essence, you are still entitled to an element of any attendance based bonus, based upon your actual time at work. Unfortunately, this is one of the rare occasions where maternity leave is not wholly included in your attendance figures. While you would not receive bonus payments based on maternity leave, your time at work calculation will still include:-
- The first two weeks after your baby is born (four weeks if you work in a factory)
- Keeping in touch days, which are organised directly with your employer
As an example, if you worked four months of the year and took eight months as maternity leave, your attendance based bonus entitlement would be based on four months and two weeks.
Length of service bonus
This subject is straightforward; your time on maternity leave will still count towards your length of service bonus. If your employer “decides” otherwise, they are breaking the law and leaving themselves open to legal action.
Company profit related bonus
In this scenario you should receive your full entitlement, no matter what percentage of the company year you were on maternity leave. If the bonus was specifically attendance based it might be different.
Discretionary bonuses
There may be scenarios where your employer decides to pay a discretionary bonus to all employees, such as a Christmas bonus. Your maternity leave would have no bearing on your entitlement and you should be treated the same as everybody else.
Holiday pay
There are specific rules and regulations when it comes to holiday entitlement and holiday pay, for those taking maternity leave. Your holiday entitlement will continue to increase during your time on maternity leave. In effect, your rights during maternity leave means you are still treated as if you were in normal employment.
Carry-over holidays
Obviously, there may be scenarios where you are unable to use up your holiday entitlement as a consequence of your maternity leave. For example, if you were in full-time employment you are currently entitled to 28 days holiday per year. In this situation, your employer should allow you to carry it over into the next holiday year.
The exact number may vary depending on your contract and whether bank holidays are included in your statutory entitlement.
Bank holidays
If your employment contract specifically mentions bank holidays, for example 25 days holiday a year plus 5 bank holidays, you could carry a maximum of 30 days into the next holiday year. This is something which many people on maternity leave fail to appreciate.
Updating your employer
While there are specific rules and regulations when it comes to contact between employers and employees during maternity leave, much of this should be common sense. Legally, your employer is allowed to “occasionally” contact you during your maternity leave. If you believe they are overstepping the mark, you are entitled to say so. However, it is sensible to discuss the timing of regular updates with your employer before you go on maternity leave. That way everybody knows where they stand!
Keeping in touch days
When discussing maternity leave, you may come across the term “keeping in touch days” which are becoming more commonplace. These are days on which your employer is allowed to contact you for work purposes. For example, you may have specific knowledge of clients or projects which are important to the smooth running of the business in your absence.
There are a number of conditions regarding keeping in touch days:-
- KIT days are optional and must be agreed by both you and your employer
- You can work up to 10 keeping in touch days during maternity leave without affecting your statutory maternity pay
- Training, meetings and normal work can all count as KIT days
- Your pay for KIT days should be agreed with your employer
- If you work more than 10 KIT days, you will lose SMP for any week in which the extra work is done
If you work more than 10 KIT days, this can affect your SMP. You should check the position carefully before agreeing to any extra work.
Changes in the workplace
While on maternity leave your employer is still obliged to let you know about changes in the workplace including:-
- The opportunity to apply for promotions, in the same manner as your colleagues
- Issues such as restructuring, redundancies and other actions which affect your working conditions
Updating you on changes in the workplace is not seen as a keeping in touch day. It is also important to note that your maternity leave cannot be a factor in any decisions which may impact your working life/working conditions. If your employer was to take your maternity leave into account, this is seen as maternity discrimination and would likely leave your employer open to legal action.
Protecting your rights during maternity leave
It is important to be aware of your legal rights when on maternity leave. Unfortunately, we have seen occasions where employers have:-
- Failed to respect the legal protections in place for those on maternity leave
- Discriminated against those who asked about their statutory maternity rights
- Discriminated against those who enquired about/took their statutory maternity leave
On occasion, there may be redundancies or cost savings forced on your employer while you are on maternity leave. However, it is unlawful to take maternity leave into account when deciding who should be made redundant. Employees who are pregnant or on maternity leave have extra redundancy protection. If you are at risk of redundancy and a suitable alternative vacancy is available, your employer must offer it to you.
While your employer should be well aware of their legal responsibilities and obligations in relation to maternity pay/leave, you also need to protect your own position. In the event of discrepancies or other issues arising in this area, you may need to remind your employer of your rights during maternity leave according to the legal framework in place.