Statutory maternity pay: how much you get and how it works

Statutory maternity pay (SMP) is the legal minimum your employer must pay while you are on maternity leave. It runs for up to 39 weeks, and for 2026/27 the standard weekly rate is £194.32. That is the headline. The detail below covers who qualifies, how the weeks break down, and your options if you do not qualify or your employer does not pay.

How much SMP actually is

SMP is paid in two stages across 39 weeks:

• Weeks 1 to 6: 90% of your average weekly earnings, before tax
• Weeks 7 to 39: £194.32 a week, or 90% of your average earnings if that is lower

So higher earners see a sharp drop after week six. Many employers top SMP up with occupational maternity pay, often weeks or months at full pay, so check your contract or staff handbook before budgeting around the statutory figures alone.

Leave and pay are separate rights. You can take up to 52 weeks of maternity leave (26 ordinary, 26 additional) even though pay only lasts 39 weeks.

Who qualifies

You qualify for SMP if you:

• Have worked for the same employer for at least 26 weeks by the end of the 15th week before your baby is due
• Earn at least the lower earnings limit on average (around £125 a week)
• Give your employer the right notice, with proof of the pregnancy (usually your MATB1 certificate)

Agency workers and some zero-hours staff qualify too: it is about continuous employment and earnings, not a particular contract type. If your hours vary, the average is worked out over an eight-week window.

If you do not qualify: maternity allowance

No SMP does not mean no money. Maternity allowance from the government pays up to 39 weeks at the same £194.32 rate (or 90% of earnings if lower) for people who are employed but do not meet the SMP service rules, or who are self-employed. Your employer should give you form SMP1 confirming why they cannot pay, which you need for the claim.

How to claim and when it starts

Tell your employer by the 15th week before your due date: when the baby is due, when you want leave to start, and give them your MATB1. They must confirm your leave dates within 28 days. SMP is paid through payroll in the normal way, with tax and national insurance deducted, and your employer reclaims most of it from HMRC.

You can start leave from 11 weeks before the due date. Leave starts automatically if you are off sick with a pregnancy-related illness in the four weeks before the due date, or when the baby arrives.

Keeping in touch days and your rights while away

You can work up to 10 keeping in touch days during leave without ending it, useful for staying in the loop or easing back in. Pay for those days is agreed with your employer on top of SMP.

Everything else about your employment continues: you accrue holiday, keep your contractual benefits, and remain protected against dismissal and poor treatment. Being sidelined because you are pregnant or on leave is unlawful, and our guide to pregnancy and maternity discrimination covers what that looks like in practice.

If your employer refuses or pays late

SMP disputes are more common than you would expect: wrong average-earnings calculations, missed payments, or flat refusals. Steps in order: raise it in writing with payroll, then a formal grievance, then HMRC's statutory payments disputes team, who can order payment. Persistent refusal is also potential discrimination territory, which is where a solicitor comes in.

Planning the wider picture? Fathers and partners have their own rights in our paternity leave guide, and couples can split leave using shared parental leave. For what happens at the end, see returning to work after maternity leave.

If you are being refused pay you are owed, or treated differently because of your pregnancy, tell us what is happening and we will match you with an employment solicitor within 24 hours.