Your guide to the new parental leave bill

Since then, Labour have announced new legislation which is set to transform parental leave and sick pay rights across the UK. Millions will soon have access to sick pay from day one of illness, as well as the ability to claim unpaid parental leave as soon as they start a job. A full review of all parental leave rights is also promised alongside the bill.

This overhaul will come as a welcome change, intended to support families as they balance work with ill health and childcare responsibilities. But what does this actually mean for expectant parents and their partners? How does it affect the time you can expect to have off work when you have a baby, and how does the law protect you? Let’s break these changes down and clarify your rights when it comes to parental leave.

The new bill, which won’t take effect for two years following a period of consultation, has been described by the government as the ‘biggest upgrade to rights at work for a generation’. Fathers will be eligible for paternity leave from the first day of employment, a shift from the previous requirement of at least 26 weeks in the job. This means that those who want to support their partner during the early days of motherhood can do so without jumping through bureaucratic hoops.

Additionally, unpaid parental leave will become available to all parents starting from day one of their employment, instead of the one-year waiting period currently in place. This change is designed to provide families with more flexibility during the early months of their baby’s life.

While this news is a game-changer for the landscape of parental rights, maternity leave remains a cornerstone of support for new mothers. In the UK, you’re entitled to 52 weeks of maternity leave, regardless of how long you’ve worked for your employer. This is divided into two main stages: ordinary maternity leave (the first 26 weeks) and additional maternity leave (the second 26 weeks). You don’t have to take the full 52 weeks but you must take at least 2 weeks’ leave following birth (or 4 weeks if you work in a factory).

The breakdown of pay during this time is as follows:

Ordinary maternity leave (weeks 1-26)

This covers the first 26 weeks of your leave and is often the most financially supported phase.

• Statutory Maternity Pay (SMP): If you’re eligible, SMP is paid for up to 39 weeks total, and during ordinary maternity leave, you will receive the highest pay rate.
• For the first six weeks, you will be paid 90% of your average weekly earnings (before tax) with no cap. This means you’ll receive nearly your full salary, which can provide a financial cushion during the early and often most demanding days of motherhood.
• For the next 33 weeks (which extends into additional maternity leave), you will be paid £184.03 per week or 90% of your average weekly earnings, whichever is lower.

If your employer offers enhanced maternity pay as part of your contract, you could receive more than the statutory amount, but this varies by employer.

Additional maternity leave (weeks 27-52)

Once you reach week 27, you enter additional maternity leave, which is the second half of your total entitlement.

• SMP continues to be paid until the end of week 39.
• After week 39, SMP ends, meaning the remaining 13 weeks of your maternity leave (weeks 40-52) will be unpaid, unless your employer offers an extended or enhanced pay package.

During these unpaid weeks, many mothers either return to work or make other financial arrangements, such as relying on savings, to support themselves through the remainder of their leave. This can become an incredibly expensive time and does force some women out of work and into the home. 

You can use the government’s maternity planner to work out the dates of your ordinary and additional maternity leave.

Your role is safeguarded while you take time off to have your baby, which means you shouldn’t have to worry about losing your position while on leave. Whilst it is law, maternity discrimination does happen every day. The Charity Pregnant then Screwed exists to fight maternity discrimination. 

Returning after ordinary maternity leave (up to 26 weeks)

If you take up to 26 weeks of ordinary maternity leave, the law guarantees that you can return to the exact same job you had before. We’re talking the same role, the same responsibilities, and the same pay and benefits. Keep an eye on this and ensure you speak up if your role has changed. 

Returning after additional maternity leave (more than 26 weeks)

If you take longer than 26 weeks (extending into additional maternity leave), you’re still legally protected, but with small adjustments. After an extended absence of up to 52 weeks, your employer must offer you a job back, but it doesn’t have to be your original role. Instead, you must be given a similar role with the same terms and conditions as before. This means your pay, working hours, and seniority should remain unchanged, even if the duties of the new role differ slightly. This protection ensures that your career progression isn’t compromised by the time you take to have your baby.

Protection from unfair treatment

It’s also illegal for your employer to treat you unfairly or dismiss you for taking maternity leave. If your role is made redundant while you’re on maternity leave, they must offer you a suitable alternative role, if one is available. If you feel you’ve been treated unfairly at all, be sure to seek advice from your trade union, ACAS or a lawyer. 

Let’s be real: balancing parental leave with future career goals isn’t just about knowing your legal rights; it’s also about tuning into what works for you emotionally, financially, and practically. Some new parents are itching to return to work, while others feel like they’re just getting into the groove of parenthood when the 12-month mark approaches.

There’s no “right” answer, but there are a few things to keep in mind as you make your decisions:

• Communicate with your employer. Early discussions about your maternity or paternity leave plans can help manage expectations on both sides. No one can ask you when you plan to return and if you change your mind no one can hold you to your original plans. 
• Explore your options. With unpaid parental leave soon to be available from day one, consider how this might fit into your family’s needs.
• Consider your finances. Maternity pay is helpful, but for most parents it isn’t nearly enough. If you can, budget ahead in order to prevent stress down the line.
• Check your company’s policies. Some employers go beyond the legal requirements, offering longer paid leave, flexible return options, or support for childcare.
• Utilise keeping in touch (KIT) days. If you’re on maternity leave, these 10 days allow you to stay connected with your workplace without affecting your pay. A KIT day doesn’t have to be a full days work – it can be an email, a phone call or even a short meeting. 

The UK’s Shared Parental Leave (SPL) scheme gives eligible parents flexibility by allowing you and your partner to share up to 50 weeks of leave and up to 37 weeks of pay. If you’re keen on tag-teaming the first year with your baby, SPL offers the chance to split the time in a way that works for you both.

But a word to the wise: Shared Parental Leave is separate from maternity leave, and you’ll need to give proper notice to your employer before you decide to split the leave.

With these changes on the horizon, it’s clear that parental leave in the UK is evolving in a major and necessary way, bringing long-overdue support to families who have struggled under outdated policies. It’s a step in the right direction towards equality, and a win for families across the country.

As these new provisions come into effect, they’ll allow more parents to balance work and family life without sacrificing financial stability or job security. This shift also signals a broader cultural change, acknowledging the importance of parental bonding for both mothers and fathers.

However you’re planning to approach parental leave, understanding your rights and options will empower you to make the best decision for your family.