Maternity leave is often one of the most exciting and emotionally charged periods of a woman’s life. When you run your own business, however, the experience can look very different. Even if you are technically an employee of your own company, switching off completely is rarely possible. And if you are self-employed, your entitlement to maternity benefits is not yet on a par with that of employees. Support has improved over the years, but significant gaps remain.

Statutory entitlements to maternity leave and pay in the UK give employed women a baseline of support. For self-employed women and those running their own companies, the picture is more complicated: you may be entitled to Maternity Allowance rather than Statutory Maternity Pay, and you are not currently covered by Shared Parental Leave. Planning ahead matters because the flat-rate payments, while helpful, rarely match a full income.

This guide sets out the latest rules for employees and what self-employed women need to know.

Employee rights to maternity leave and pay in the UK

Employees are entitled to up to 52 weeks of Statutory Maternity Leave, regardless of how long they have been with their employer, according to GOV.UK guidance. You can start this leave at any point from the 11th week before your baby is due, giving you up to 11 weeks before the birth and 41 weeks afterwards. Your employer may assume you will take your leave from the 11th week before your due date unless you tell them otherwise.

Who qualifies for Statutory Maternity Pay

Leave and pay are not the same thing. To qualify for Statutory Maternity Pay (SMP) you must have been employed continuously by the same employer for at least 26 weeks up to and including the 15th week before your expected week of childbirth, and earn at least the Lower Earnings Limit on average. For the 2025/26 tax year that threshold is £123 a week, according to HMRC.

How much SMP you will receive

SMP is paid for up to 39 weeks. For the first six weeks you receive 90% of your average weekly earnings before tax. For the next 33 weeks you receive either 90% of your average weekly earnings or the flat statutory rate, whichever is lower. In 2025/26 the flat rate is £187.18 a week, according to HMRC. Rates are usually reviewed each April. After 39 weeks, SMP stops, so it is worth budgeting carefully rather than being caught out at the 39-week mark.

These are minimum amounts. Some employers offer enhanced maternity pay as part of your contract, but they are not legally required to do so. Check your contract, staff handbook or HR team to find out exactly what you will receive.

Keeping in Touch days

You can agree up to 10 Keeping in Touch (KIT) days with your employer without losing SMP or ending your maternity leave. The GOV.UK maternity pay and leave guidance includes a calculator to help you estimate your entitlement.

Maternity Allowance for self-employed women

If you are self-employed you are not entitled to SMP, but you may be able to claim Maternity Allowance through Jobcentre Plus. To qualify you must have been self-employed or employed for at least 26 of the 66 weeks before your baby’s due date, and have paid Class 2 National Insurance contributions for at least 13 of those weeks. If you have not paid enough National Insurance, you may still receive a lower rate.

Maternity Allowance is paid for up to 39 weeks. For most self-employed women it is either 90% of your average weekly earnings or the flat rate, whichever is lower. In 2025/26 the flat rate is £187.18 a week, according to GOV.UK. You can claim from the 26th week of pregnancy and should aim to send your claim as soon as possible after that. Unlike SMP, Maternity Allowance does not depend on a single employer, which can help if your income comes from several sources.

Self-employed women are not currently entitled to Shared Parental Leave or Pay. This is one of the areas where the system still lags behind employee rights, and it can make planning childcare and income more complicated when you work for yourself. See our Maternity Pay Self Employed: A Complete UK Guide for more detail.

Shared Parental Leave and Pay

Shared Parental Leave (SPL) was introduced in 2015 under the Children and Families Act 2014 to give parents more flexibility in caring for a child during the first year. After the mother has taken the compulsory maternity leave period, parents can choose to share up to 50 weeks of leave and 37 weeks of pay between them. The partner taking SPL must meet their own eligibility criteria, and both parents must give their employers the correct notice.

Statutory Shared Parental Pay is paid at the same flat rate as SMP for the remaining weeks, so for 2025/26 it is £187.18 a week or 90% of average earnings, whichever is lower, according to GOV.UK. A father or partner may also be entitled to two weeks of Statutory Paternity Leave and Pay separately from SPL.

Take-up of SPL has remained low since it was introduced. Financial considerations and workplace culture are commonly cited barriers, particularly where the higher earner is the one considering taking leave. That does not mean the option should be dismissed: many families who have used SPL say it was a positive and rewarding experience. It is worth discussing the practicalities with your partner and employer well before the baby arrives.

Your rights when returning to work

You have important rights when you return from maternity leave. If you take 26 weeks or less, known as Ordinary Maternity Leave, you are entitled to return to the same job on the same terms and conditions. If you take more than 26 weeks, known as Additional Maternity Leave, you still have the right to return to the same job unless it is not reasonably practicable, in which case your employer must offer you a suitable alternative on similar terms.

Redundancy protection during and after leave

If your role is made redundant while you are on maternity leave, you must be offered any suitable alternative vacancy before anyone else. Since April 2024, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 has extended this protection to cover pregnancy and a period of 18 months after childbirth. You are also protected from discrimination because of pregnancy or maternity under the Equality Act 2010.

Flexible working requests on your return

From April 2024, the Employment Relations (Flexible Working) Act 2023 gives all employees the right to request flexible working from their first day in a job. Employers must deal with requests in a reasonable manner and can only refuse them for specific business reasons. This can make returning to work after maternity leave more manageable, whether you want to reduce your hours, work from home or compress your working week. Read our Flexible Working Rights UK 2026: What Women Need to Know for the full picture.

Planning your return before maternity leave

Before you make final decisions, think through the practical questions. Do you want to return part time or full time? Will you use a nursery, childminder, family member or a combination? Will you go back to the same role, or is this a moment to rethink your career or business direction? Talk to people who have covered your work, read your contract carefully, and get advice if you are unsure of your rights.

For more on what to expect, see our guide to returning to work after having a baby. If you are self-employed, you may also want to check whether you qualify for Maternity Allowance on GOV.UK.

Maternity leave and pay in the UK give employed women a clear statutory safety net, but self-employed women still face a thinner patchwork of support. Knowing the qualifying weeks, the flat-rate figures and your return-to-work rights lets you budget realistically and negotiate from a position of confidence.