Statutory Maternity Pay is the minimum level of maternity pay that most eligible employees in the UK are legally entitled to receive from their employer. It is paid for up to 39 weeks, with the remaining weeks of the full 52-week maternity leave entitlement unpaid unless the employer offers something more generous.

SMP is paid at 90% of average weekly earnings for the first 6 weeks, with no upper limit. For the next 33 weeks, it is paid at whichever is lower: the flat statutory weekly rate set by the government each April, or 90% of average weekly earnings. After 39 weeks, statutory pay stops even if the employee continues their leave up to the full 52 weeks.

No. To qualify, an employee generally needs to have worked for their employer continuously for at least 26 weeks by the qualifying week, and earn at least the lower earnings limit for National Insurance purposes. Those who don’t qualify for SMP may still be able to claim Maternity Allowance instead through the government.

Enhanced (or occupational) maternity pay is any maternity pay an employer chooses to offer above the statutory minimum, often as full or partial normal salary for a set number of weeks. It is not a legal requirement, so its availability and structure vary significantly between employers and are usually set out in the employment contract or staff handbook.

Because Statutory Maternity Pay is capped at a flat weekly rate after the first 6 weeks, and stops entirely after 39 weeks, most employees on the statutory minimum see a substantial gap between their normal salary and what they receive during leave. The gap is largest for people on higher salaries, since the flat statutory rate does not scale with pay.

Maternity Allowance is a government benefit for people who don’t qualify for SMP, such as the self-employed or those who recently changed jobs. It is paid at a similar flat weekly rate to the standard rate of SMP for up to 39 weeks, but is claimed directly from the government rather than paid through an employer’s payroll.