Starting a family, for most, is an exciting and joyful time of your life but understanding your entitlements can be confusing. Here we outline some key aspects for expectant parents along with looking at the laws relating to surrogacy and adoption leave.
Maternity leave laws in the UK provide important protections and entitlements for expectant mothers. These laws are designed to support mothers during pregnancy and the early stages of motherhood, ensuring they have the time and security they need.
Starting at the beginning of your journey to parenthood, laws regarding antenatal leave provide important protections for pregnant employees.
Appointments
Antenatal Appointments:
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- Pregnant employees are entitled to take time off to attend antenatal appointments. This includes medical check-ups, scans, and other necessary appointments related to the pregnancy.
Paid Time Off:
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- Employees are entitled to reasonable paid time off for antenatal appointments. This is applicable regardless of how long they have been employed or their hours of work.
Notification:
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- Employees should inform their employer about their need for time off as soon as possible and ideally provide proof of appointments, such as an appointment card.
Number of Appointments:
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- The law allows for a reasonable number of appointments, typically one per week, but this can vary depending on individual circumstances.
Job Protection:
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- Employees taking antenatal leave are protected from dismissal or detriment due to their pregnancy and associated leave.
Self-Employed Individuals:
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- It’s important to note that self-employed individuals do not have the same rights to paid antenatal leave as employees.
These provisions ensure that pregnant employees can attend necessary medical appointments without financial penalty or job security concerns.
Once the child has arrived there are some key factors to take into account when deciding how long you wish to be off work.
Leave
Duration of Leave:
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- Statutory Maternity Leave: Eligible employees are entitled to 52 weeks of maternity leave, which is divided into:
- Ordinary Maternity Leave: The first 26 weeks.
- Additional Maternity Leave: The following 26 weeks.
- Statutory Maternity Leave: Eligible employees are entitled to 52 weeks of maternity leave, which is divided into:
Eligibility:
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- Most employees, including those on fixed-term contracts, are entitled to maternity leave if they have worked for their employer for at least 26 weeks by the end of the 15th week before the baby is due.
Maternity Pay:
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- Eligible employees can receive Statutory Maternity Pay (SMP) for up to 39 weeks:
- For the first 6 weeks, they receive 90% of their average weekly earnings (before tax).
- For the remaining 33 weeks, they receive either £184.03 per week, increasing to £187.18 from April 2025 (or 90% of average earnings, if lower).
- Some employers may offer enhanced maternity pay that exceeds the statutory minimum.
- Eligible employees can receive Statutory Maternity Pay (SMP) for up to 39 weeks:
Notice Requirements:
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- Employees must inform their employer about their pregnancy, the expected due date, and their intention to take maternity leave at least 15 weeks before the due date.
- A minimum of 8 weeks’ notice is required to return to work early.
Job Protection:
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- Employees are entitled to return to the same job after maternity leave if they take 26 weeks or less. If they take more than 26 weeks, they have the right to return to a similar job with the same terms and conditions.
Keeping in Touch Days:
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- Employees can work up to 10 “Keeping in Touch” (KIT) days during their maternity leave without losing their maternity pay. These days can be used for training or to help ease the transition back to work.
Parental Leave:
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- After maternity leave, parents may also be eligible for Shared Parental Leave, allowing both parents to share up to 50 weeks of leave and up to 37 weeks of pay.
In the UK, surrogate and adoption leave rights provide essential support for individuals and couples expanding their families through surrogacy or adoption. Here are the key aspects of each:
Surrogacy Leave Rights
Eligibility:
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- Intended parents can take leave if they have a child through a surrogacy arrangement and have applied for a parental order.
Leave Entitlements:
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- Once a parental order is granted, intended parents may be entitled to Statutory Maternity Leave or Statutory Adoption Leave, depending on the situation.
- The leave is available to the intended mother (if she gives birth) or the intended father or partner who is not the biological mother.
Maternity Leave:
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- If the intended mother gives birth, she is entitled to the standard 52 weeks of maternity leave, regardless of whether the child is born through surrogacy.
Parental Leave:
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- Intended parents can also take parental leave if they adopt a child through surrogacy.
Adoption Leave Rights
Eligibility:
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- Employees who adopt a child are entitled to adoption leave, provided they meet certain criteria, including being the primary caregiver for the child.
Leave Entitlements:
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- Eligible employees can take up to 52 weeks of adoption leave, which is divided into:
- Ordinary Adoption Leave: 26 weeks.
- Additional Adoption Leave: An additional 26 weeks.
- Eligible employees can take up to 52 weeks of adoption leave, which is divided into:
Statutory Adoption Pay (SAP):
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- Eligible employees can receive Statutory Adoption Pay for up to 39 weeks, which is similar to Statutory Maternity Pay:
- The first 6 weeks are paid at 90% of average weekly earnings.
- The remaining 33 weeks are paid at a set rate (currently £184.03 per week, increasing to £187.18 from April 2025 or 90% of average earnings, if lower).
- Eligible employees can receive Statutory Adoption Pay for up to 39 weeks, which is similar to Statutory Maternity Pay:
Notification:
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- Employees must inform their employer of their intention to take adoption leave within specific timeframes, usually at least 28 days before the leave starts.
Job Protection:
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- Employees on adoption leave have the right to return to the same job after their leave.
Additional Support
- Keeping in Touch Days: Both surrogate and adoptive parents can work up to 10 “Keeping in Touch” days without affecting their leave pay, helping ease the transition back to work.
These rights aim to ensure that individuals and couples can take the necessary time to bond with their new child, regardless of whether they are adopting or using surrogacy.
