Eligibility for statutory maternity leave

Subject to notification rules set out below, all female employees are entitled to 52 weeks’ statutory maternity leave. There is no service requirement and no requirement to work a certain number of hours, or to reach any particular pay threshold. Only employees are eligible, not the self-employed or temporary agency workers. For guidance on who is an employee, see Chapter 2.

A birth mother who gives birth in a surrogacy arrangement is entitled to statutory maternity leave and pay, including rights to time off for antenatal appointments set out at the start of this Chapter.

See page 337 for information on statutory maternity pay.