Family leave, explained
The short answer
Employees get up to 52 weeks' maternity or adoption leave, up to 2 weeks' paternity leave, and can share up to 50 weeks as shared parental leave. Since 6 April 2026, paternity leave and unpaid parental leave are day-one rights. Statutory pay is £194.32 a week or 90% of earnings, whichever is lower, but still needs 26 weeks' service.
As an employee in Great Britain you can take up to 52 weeks’ maternity or adoption leave, up to 2 weeks’ paternity leave, and share up to 50 weeks with a partner as shared parental leave. You can also take up to 18 weeks’ unpaid parental leave per child, 2 weeks’ parental bereavement leave if a child dies, and time off for dependants in an emergency. Statutory pay is paid for some of these, usually at £194.32 a week or 90% of your average weekly earnings, whichever is lower.
The big change in 2026: since 6 April 2026, paternity leave and unpaid parental leave are “day one” rights, so you no longer need a minimum length of service to take the leave. Statutory pay still has service and earnings tests. This page covers Great Britain; Northern Ireland has its own rules.
The main types of leave at a glance
| Leave | How much | Service needed for the leave | Statutory pay (2026 to 2027) |
|---|---|---|---|
| Maternity | 52 weeks | None | 90% of earnings for 6 weeks, then £194.32 or 90% (lower) for 33 weeks |
| Adoption | 52 weeks | None | Same structure as maternity pay |
| Paternity | 1 or 2 weeks | None, since 6 April 2026 | £194.32 or 90% (lower) |
| Shared parental | Up to 50 weeks shared | 26 weeks (tests apply) | Up to 37 weeks at £194.32 or 90% (lower) |
| Unpaid parental | 18 weeks per child | None, since 6 April 2026 | Unpaid |
| Parental bereavement | 2 weeks | None | £194.32 or 90% (lower) |
For statutory pay, you generally need 26 weeks’ continuous employment up to the relevant qualifying week and average earnings of at least £129 a week before tax. Leave is for employees; GOV.UK notes that some workers who are not employees may still qualify for pay.
Maternity leave and pay
Statutory maternity leave is 52 weeks: 26 weeks’ ordinary maternity leave and 26 weeks’ additional maternity leave. You must take at least 2 weeks after the birth, or 4 if you work in a factory. The earliest you can start is 11 weeks before the expected week of childbirth. At least 15 weeks before your due date, tell your employer when the baby is due and when you want to start leave.
If you do not qualify for Statutory Maternity Pay, you may be able to get Maternity Allowance instead. Pregnant employees also have the right to paid time off for antenatal care. If you are treated unfairly because of pregnancy or leave, see pregnancy and maternity discrimination.
Paternity leave and pay
You can take one or two weeks, together or as two separate weeks, ending within 52 weeks of the birth. GOV.UK says you are eligible for paternity leave from the first day of employment. Tell your employer the due date at least 15 weeks before the baby is expected, and give at least 28 days’ notice before taking leave.
Statutory Paternity Pay is £194.32 a week or 90% of average weekly earnings, whichever is lower. It needs 26 weeks’ continuous employment up to the end of the qualifying week and average earnings of at least £129 a week.
The government’s timeline also lists Bereaved Partners’ Paternity Leave from 6 April 2026: up to 52 weeks if the mother or primary adopter dies within the first year.
Shared parental leave
Parents can share up to 50 weeks of leave and up to 37 weeks of pay, used within the first year after birth or placement. You can book up to 3 separate blocks and must give at least 8 weeks’ notice before each. Shared parental pay is £194.32 a week or 90% of average weekly earnings, whichever is lower. Each parent must meet eligibility tests, including 26 weeks’ continuous employment and average earnings of at least £129. You can work up to 20 “SPLIT” days while on shared parental leave.
Adoption and surrogacy
Statutory adoption leave is 52 weeks for employees who give the correct notice. Statutory Adoption Pay follows the maternity pattern: 90% of average weekly earnings for 6 weeks, then £194.32 or 90% (lower) for 33 weeks. It needs 26 weeks’ continuous employment by the week you were matched with a child and average earnings of at least £129. Intended parents in a surrogacy arrangement can also qualify if they intend to apply for a parental order.
Unpaid parental leave
Eligible employees can take up to 18 weeks’ leave for each child up to their 18th birthday, usually no more than 4 weeks a year per child, and in whole weeks unless the employer agrees otherwise or the child is disabled. Give 21 days’ notice. Your employer can postpone the leave by up to 6 months for significant business reasons. Since 6 April 2026 there is no minimum service requirement.
Neonatal care, carers and emergencies
- Neonatal care leave: one week for every 7 full, continuous days your baby spends in neonatal care, for up to 12 weeks, where the care starts within 28 days of birth.
- Carer’s leave: up to one week of unpaid leave every 12 months to care for a dependant with a long-term care need, from your first day.
- Time off for dependants: a reasonable amount of time off to deal with an emergency involving a dependant. Your employer does not have to pay you.
Bereavement
Parents whose child dies before 18, or who have a stillbirth after 24 weeks of pregnancy, can take 2 weeks’ parental bereavement leave from day one, to be taken within 56 weeks. A broader right to unpaid bereavement leave, including for pregnancy loss, is scheduled for 2027 under the Employment Rights Act 2025. It was not in force on 2 October 2026.
Your protection while on leave
Your employment rights continue during family leave, including building up holiday. Dismissing someone for a reason connected with family leave is automatically unfair, with no two-year qualifying period. If something goes wrong, the tribunal time limit for most claims is 6 months minus 1 day for events on or after 1 October 2026, and 3 months minus 1 day before then.
What is changing next
The government’s timeline and Acas list, for 2027, a new right to bereavement leave, changes to flexible working, and stronger dismissal protection for pregnant women and new mothers. None had a confirmed start date on 2 October 2026.
What to check in your contract or letter
- Enhanced maternity, paternity, adoption or shared parental pay: the amount, how long it lasts, and the service needed.
- Clawback clauses requiring you to repay enhanced pay if you do not return for a set period.
- Notice requirements in the family leave policy, and whether they are stricter than the law.
- Keeping in touch day terms, including how those days are paid.
- Holiday during leave: how accrued holiday will be taken or carried over.
- Compassionate or bereavement leave policy, and whether it is paid.
- Bonus and pension terms during leave.
When it helps to speak to a solicitor
Most family leave runs smoothly. It can help to get advice if a request is refused, your employer tries to change your role while you are away, or you are dismissed or made redundant during or after leave.
Not sure what yours says? Upload your contract or the letter you've been sent, and we'll show you what it gives you, what it asks of you and the deadlines in it, with the wording behind each.
Check my contractCommon questions
Is paternity leave a day-one right now?
Yes. Since 6 April 2026, GOV.UK says you are eligible for paternity leave from the first day of employment. Statutory Paternity Pay is different: you still need 26 weeks' continuous employment up to the qualifying week and average earnings of at least £129 a week. You can take one week or two, together or as separate weeks, within 52 weeks of the birth.
How much is statutory maternity pay in 2026?
For 2026 to 2027, Statutory Maternity Pay is 90% of your average weekly earnings for the first 6 weeks, then £194.32 or 90% of your average weekly earnings, whichever is lower, for the next 33 weeks. To qualify you need 26 weeks' continuous employment by the 15th week before your due date and average earnings of at least £129 a week. If not, you may get Maternity Allowance.
Do I need to have worked somewhere for a year to take unpaid parental leave?
Not any more. The government confirms that unpaid parental leave became a day-one right on 6 April 2026. Eligible employees can take up to 18 weeks for each child before their 18th birthday, usually up to 4 weeks a year per child and in whole weeks. You normally give 21 days' notice, and your employer can postpone for up to 6 months for significant business reasons.
What leave can I take if my child dies?
If your child dies before their 18th birthday, or you have a stillbirth after 24 weeks of pregnancy, you can take 2 weeks' parental bereavement leave from your first day of employment. It can be taken as one block or two separate weeks within 56 weeks. Pay is £194.32 a week or 90% of average weekly earnings, whichever is lower, if you have 26 weeks' service and average earnings of at least £129.
Is there a right to bereavement leave for other family members?
Not yet as a general right. The Employment Rights Act 2025 provides for a new right to unpaid bereavement leave, including for pregnancy loss, which the government expects to bring in during 2027. Until then, you may be able to use time off for dependants for an emergency involving a dependant, and your employer may offer compassionate leave.
Can I share leave with my partner?
Yes, through shared parental leave. You can share up to 50 weeks of leave and up to 37 weeks of pay, used within the first year after the birth or placement. Each of you needs to meet the eligibility tests, including 26 weeks' continuous employment and average earnings of at least £129 a week. You can book up to 3 separate blocks, giving 8 weeks' notice for each.
Sources
- GOV.UK: Maternity pay and leave checked Fri Oct 02
- GOV.UK: Paternity pay and leave checked Fri Oct 02
- GOV.UK: Shared Parental Leave and Pay checked Fri Oct 02
- GOV.UK: Adoption pay and leave checked Fri Oct 02
- GOV.UK: Unpaid parental leave checked Fri Oct 02
- GOV.UK: Statutory Parental Bereavement Pay and Leave checked Fri Oct 02
- GOV.UK: Neonatal Care Pay and Leave checked Fri Oct 02
- GOV.UK: Unpaid carer's leave checked Fri Oct 02
- GOV.UK: Time off for family and dependants checked Fri Oct 02
- Employment Rights Act 2025, sections 15 and 16 (parental and paternity leave: removal of qualifying period) checked Fri Oct 02
- GOV.UK: Plan to Make Work Pay and Employment Rights Act, timeline update (25 September 2026) checked Fri Oct 02
- Acas: Employment Rights Act 2025 checked Fri Oct 02
- GOV.UK: Pregnant employees' rights checked Fri Oct 02
- Employment Rights Act 1996, section 108 (qualifying period and exceptions) checked Fri Oct 02
- Acas: Employment tribunal time limits (updated 1 October 2026) checked Fri Oct 02
This guide is general information about employment law in Great Britain (England, Wales and Scotland). Northern Ireland has its own employment law. It isn't legal advice and doesn't take your circumstances into account.