Maternity leave and pay: the correct process step by step (England & Wales)

This guide follows gov.uk's guidance on maternity pay and leave. It is not legal advice — for advice on a specific situation, consult a qualified adviser or Acas.

1. Tell your employer by the qualifying week

By law, tell your employer you're pregnant, when your baby is due, and when you'd like to start your maternity leave, at least 15 weeks before your due date (this is called the "qualifying week") — or as soon as reasonably practical if that isn't possible.

Use the pregnancy notification letter for this step.

2. Your employer confirms your leave in writing, within 28 days

By law, your employer must write back to you within 28 days confirming your maternity leave start and return-to-work dates, and your entitlement to 52 weeks' statutory maternity leave.

Use the confirm maternity leave letter for this step.

3. Work out Statutory Maternity Pay (SMP)

SMP is paid for up to 39 weeks: the first 6 weeks at 90% of average weekly earnings (uncapped), then up to 33 weeks at the lower of the standard weekly rate or 90% of average weekly earnings. To qualify, you need at least 26 weeks' continuous employment into the qualifying week, and average weekly earnings of at least the Lower Earnings Limit.

This ACAS letter template doesn't include an SMP amount field — SMP is confirmed separately, via the statutory SMP1 process, not this letter. Use the SMP calculator to work out the figure.

If you don't qualify for SMP: Maternity Allowance

Not everyone qualifies for SMP — for example, if you haven't been continuously employed for long enough, or your average weekly earnings are below the Lower Earnings Limit. If you don't qualify, you may be eligible for Maternity Allowance instead, claimed directly from the Department for Work and Pensions rather than through your employer.

This is a process template, not legal advice. Pregnancy and maternity are protected characteristics — dismissal or redundancy connected to pregnancy or maternity leave carries specific statutory protection and can amount to automatic unfair dismissal. Complex cases require independent legal advice before you proceed. This information is for informational purposes only and does not constitute legal advice. For advice on a specific situation, consult a qualified adviser or Acas (acas.org.uk).