Additional Maternity Leave: What Employers and Employees Need to Know
Navigating maternity leave policies can be daunting for both small business owners and employees. In the UK, while statutory maternity leave provides a foundation of support, many are unaware of the additional maternity leave period—an extended phase of maternity leave beyond the initial statutory or paid leave—which comes with its own set of legal protections and employment rights. Whether you’re an employer looking to stay compliant or an employee planning for extended leave, understanding your rights and responsibilities is crucial.
In this guide, we’ll break down everything you need to know about additional maternity leave in the UK, from legal requirements to actionable tips for managing leave effectively. Understanding your legal rights regarding maternity leave is essential for both employers and employees. Plus, we’ll explore how small businesses can simplify leave management with tools like ScheduleLeave.
Understanding Statutory Maternity Leave
In the UK, statutory maternity leave is divided into two parts:
Ordinary Maternity Leave (OML): Covers the first 26 weeks of maternity leave.
Additional Maternity Leave (AML): Extends maternity leave by up to 26 more weeks, totaling 52 weeks of leave.
This means employees are entitled to 52 weeks maternity leave in total, combining both OML and AML.
There is a compulsory maternity leave period immediately after the baby is born, during which employees are not allowed to return to work. This period is at least two weeks (or four weeks for factory workers).
Both types of leave are available to all employees, regardless of the length of their employment, as long as they meet eligibility criteria. The due date is used to calculate the start and end of maternity leave.
All employees have the legal right to 52 weeks of maternity leave with the right to return to work. For more details, refer to the UK Government’s official guidance on maternity leave.
Eligibility for Additional Maternity Leave
To qualify for AML, employees must meet the following requirements:
They must inform their employer of their pregnancy and intended start date by the 15th week before the baby is born.
They must confirm their expected date of return.
AML automatically follows OML unless the employee notifies their employer otherwise.
Employees can decide whether to take the full additional maternity leave period or return to work earlier. Taking Additional Maternity Leave is entirely up to the employee, and they are not obliged to take the full 52 weeks off.
According to ACAS, “employers should ensure that employees are fully informed about their rights to additional maternity leave and the procedures they need to follow.” Visit ACAS guidance on maternity leave for more information.
Planning for Maternity Leave
Effective planning for maternity leave is crucial for both employees and employers to ensure a smooth transition and compliance with statutory requirements. Eligible employees can take up to 52 weeks of statutory maternity leave, which includes 26 weeks of ordinary maternity leave followed by 26 weeks of additional maternity leave. During this period, statutory maternity pay is available for up to 39 weeks, typically starting with 90% of average weekly earnings for the first six weeks, then moving to a standard rate or 90% of average weekly earnings, whichever is lower.
To begin the process, employees should notify their employer in writing at least 15 weeks before the expected week of childbirth. This notice should include the intended start date of maternity leave and the expected week the baby is due. Employers are then required to respond in writing, confirming the employee’s statutory maternity leave and pay entitlements, as well as the expected return-to-work date. Clear communication at this stage helps set expectations and ensures both parties understand their responsibilities.
Throughout maternity leave, employees retain the same terms and conditions as if they were actively working. This includes maintaining holiday entitlement, pension contributions, and other benefits. While statutory maternity pay covers the first 39 weeks, some employees who do not qualify for SMP may be able to claim maternity allowance. Additional financial support, such as universal credit or the sure start maternity grant, may also be available to eligible employees, particularly those on low income or who need extra help with the costs of a new baby.
Employers have a legal obligation to ensure that employees can return to their same job after ordinary maternity leave. If an employee takes more than 26 weeks (entering additional maternity leave), they are entitled to return to the same job or, if that is not reasonably practicable, a suitable alternative job with the same terms and conditions. If a previous job is no longer available due to business changes, the employer must offer a suitable alternative job that is comparable in terms of responsibilities, pay, and benefits. Failing to do so could be considered maternity discrimination, and employees may have grounds to claim constructive dismissal or seek legal advice.
It is essential for employers to have a clear maternity leave policy that outlines the procedures for notification, managing leave, and supporting employees’ return to work. This policy should also address health and safety considerations, equal pay, and employment status during maternity leave. Employers should ensure that all staff are aware of their rights and responsibilities, and that any concerns about unfair treatment or indirect sex discrimination are addressed promptly.
Employees experiencing difficulties or unfair treatment during maternity leave should seek support from their employer, HR department, or a trade union representative. In some cases, it may be appropriate to seek legal advice or explore options for additional benefits, such as universal credit or a maternity grant, to help support themselves and their new baby.
By planning ahead and maintaining open communication, both employers and employees can navigate maternity leave with confidence. Understanding the legal framework and available support ensures that employees are protected and businesses remain compliant, making the transition as smooth as possible for everyone involved.
How Does Additional Maternity Leave Work?
Duration and Timelines
AML begins immediately after OML ends, ensuring continuity for employees. If an employee takes more than four weeks of additional maternity leave, certain return-to-work rights and obligations apply under employment law. Employees can choose to take less than the full 26 weeks of AML, but they must inform their employer if they plan to return earlier than the end of their leave. Employees are entitled to return to the same job after taking additional maternity leave unless it is not reasonably practicable for the employer to allow this. If an employee returns to work after additional maternity leave, they are entitled to the same terms and conditions as before their leave.
Pay During Additional Maternity Leave
Statutory Maternity Pay (SMP) can be paid for up to 39 weeks for eligible employees. SMP is paid at 90% of average earnings for the first 6 weeks, then at a standard rate or 90% of average earnings if lower for the next 33 weeks. The statutory maternity pay rate increases to £194.32 per week from April 2026. National insurance contributions are deducted from SMP. Some employees may receive full pay during maternity leave if their employer offers an enhanced scheme, but statutory pay is more common. If an employee does not qualify for SMP, they may be able to claim Maternity Allowance instead. Statutory sick pay may also be relevant if an employee is unwell during or after maternity leave. SMP typically ends after 39 weeks, leaving the final 13 weeks of AML unpaid. Some employers may offer enhanced maternity packages, which include pay extensions beyond SMP, as part of their employee benefits.
Employee Responsibilities
Employees must be supported by their employers to thrive at work. For guidance on how to create a positive work environment, check out these top tips to support your employees:
Keep their employer informed about their return date.
Provide sufficient notice if they intend to make changes to their leave duration, including observing the notice period required by their contract.
Give at least 8 weeks’ notice before their original intended return date if they decide to extend their maternity leave up to the statutory limit. The employer must confirm the new return date in writing within 28 days.
Be aware that notice pay may be relevant if they resign or are dismissed during maternity leave.
Employer Responsibilities
Employers must:
Ensure the employee’s job is protected during the leave period, and that the employee has the right to return to exactly the same job after maternity leave, unless it is not reasonably practicable.
If it is not reasonably practicable for the employee to return to their old job after additional maternity leave, the employer must take reasonable action to offer suitable alternative work that is appropriate and on terms no less favourable.
If an employee’s job is not available after additional maternity leave, or if they are made redundant while on maternity leave, the employer must offer a suitable alternative vacancy if one exists. Employees on maternity leave have extra rights in redundancy situations.
Employers must ensure that employees on additional maternity leave are not discriminated against in terms of job security or conditions of employment. Keeping maternity cover in the role if it disadvantages the returning employee could be considered maternity discrimination.
Continue providing contractual benefits such as pension contributions.
Ensure that other employees’ rights, such as holiday accrual and job security, are managed fairly and in line with employment law during periods of maternity leave.
For further details on employer obligations, see Maternity Action’s employer guide.
Benefits of Offering Enhanced Maternity Leave Policies
For Employers
Improved Retention Rates: Offering enhanced leave policies can increase employee loyalty. See how ScheduleLeave increases employee productivity.
Business Continuity: Hiring agency workers or offering a new job to cover maternity leave can help maintain smooth operations, but employers must ensure these arrangements are managed fairly and do not result in discrimination against the employee on maternity leave.
Competitive Advantage: Family-friendly policies make businesses more attractive to top talent.
Better Workplace Morale: Employees are more motivated and engaged when they feel supported.
For Employees
Work-Life Balance: Extended leave allows new parents to focus on their family and care for their child.
Parental Leave Options: Employees can take parental leave to care for their child. Shared parental leave allows parents to share up to 50 weeks of maternity leave after the birth or adoption, either at the same time or in turns, supporting family bonding and flexibility.
Unpaid Parental Leave: Eligible employees can take up to 18 weeks of unpaid parental leave per child up to their 18th birthday. From April 2026, this becomes a ‘day-one’ right for all qualifying employees.
Enhanced policies: Enhanced policies can provide additional financial support during unpaid leave periods.
Job Security: Knowing their job is protected gives employees peace of mind.
Challenges for Small Businesses
While AML benefits both employees and employers, small businesses often face challenges such as:
Managing Workloads: Finding temporary cover during extended leave periods can be difficult. Arranging maternity cover or hiring agency workers can help manage workloads, especially in the few weeks before and after an employee’s leave. For example, a small bakery in Manchester reported that using a leave management tool helped them schedule shifts for temporary staff efficiently during a team member’s AML. Learn more about managing employee leave when short-staffed.
Managing Workloads: Finding temporary cover during extended leave periods can be difficult. Arranging maternity cover or hiring agency workers can help manage workloads, especially in the few weeks before and after an employee’s leave. Learn more about managing employee leave when short-staffed.
Managing Workloads: Finding temporary cover during extended leave periods can be difficult. Arranging maternity cover or hiring agency workers can help manage workloads, especially in the few weeks before and after an employee’s leave.
Cost Implications: Offering enhanced pay beyond SMP may strain budgets.
Compliance Concerns: Navigating legal requirements can be time-consuming.
Practical Tips for Employers
Use Leave Management Tools: Tools like ScheduleLeave can help streamline leave tracking and ensure compliance. For instance, a tech startup in London shared how implementing ScheduleLeave allowed them to manage overlapping leaves during AML while maintaining productivity.
Develop Clear Policies: Create a comprehensive maternity leave policy that includes AML details. Read about the benefits of better sick leave management. Statutory payments, such as Statutory Maternity Pay (SMP), should be paid in the same way as regular wages to ensure consistency and clarity for employees.
Take Reasonable Action: Employers must take reasonable action to accommodate employees returning from additional maternity leave. If it is not reasonably practicable for an employee to return to their original job, employers are obligated to offer a suitable alternative role that is appropriate and justified.
Provide Training: Train HR staff and managers on legal requirements and employee rights.
Offer Flexible Work Options: Consider part-time or remote work arrangements for returning employees.
Communicate Regularly: Maintain open communication with employees before, during, and after their leave.
FAQs About Additional Maternity Leave
Can Employees Extend Their Leave Beyond 52 Weeks?
Yes, but this would not fall under statutory maternity leave and would require employer approval.
What Happens If an Employee Fails to Return on Time?
Employers should handle this delicately, ensuring they comply with employment law while seeking clarification from the employee and considering their annual leave allowance. Learn how to calculate accrued annual leave. Employers should handle this delicately, ensuring they comply with employment law while seeking clarification from the employee.
Do Employers Have to Pay During AML?
Only SMP is legally required, and it ends after 39 weeks. Any pay during the final 13 weeks of AML depends on the employer’s policy.
Conclusion
Understanding additional maternity leave is essential for fostering a supportive and compliant workplace. To help small businesses stay on track, we’ve created a downloadable compliance checklist covering essential steps for managing AML effectively. Employers who offer enhanced policies not only boost employee morale but also position themselves as leaders in workplace equality. Tools like ScheduleLeave can simplify the process, ensuring both employers and employees navigate maternity leave seamlessly. For further guidance, you can learn more about how to design and implement a leave policy, covering eligibility, processes, and best practices.
