Mothers and fathers are entitled to paid parental leave by law. There are basic standard rights, and your employer may also make additional allowances. Take a deep breath and read through our overview of the main things you need to know:

Maternity leave
Ordinary Maternity Leave (OML) is 26 weeks and there is no minimum qualifying period you have to work to be entitled to it. Additional Maternity Leave (AML) starts at the end of your OML, and lasts for another 26 weeks. In addition, there is compulsory leave, which lasts for two weeks after the birth of your child, and forms part of your OML.

The soonest that you can start maternity leave is the beginning of the eleventh week before the baby is due. You must tell your employer when your baby is due and when you want your OML to begin. Your employer must formally respond to you within 28 days, stating when you are expected to return to work after your AML. You have the option to return sooner if you want.

To qualify for Standard Maternity Pay (SMP) you must have earned average weekly earnings at or above the lower limit for NI for at least eight weeks before you take maternity leave.

SMP is payable for 39 weeks, the first six weeks of which will be paid at 90% of average weekly earnings and the remainder at the lower statutory level (currently £112.75 per week or 90% of the average weekly earnings if this is less than £112.75 per week). These figures are subject to change and there are many variables in terms of when and how much you can claim.

Paternity leave
Fathers have far fewer rights than mothers, and need to have been in continuous employment for at least 26 weeks, ending in the fifteenth week before the baby is due, to qualify for paternity leave. The man must be the baby’s biological father or the husband or partner of the woman, and expect to have responsibility for the baby’s upbringing.

The maximum legal amount of paternity leave is just two weeks, and can start on the day the baby is born or any time in the week following. As with the mother, it is your responsibility to let your employer know that you intend to take paternity leave, by the end of the fifteenth week before the baby is expected. You have to tell your employer:

• the date at which you want your leave to commence
• the week when the baby is due
• how long you plan to have off

To claim Statutory Paternity Pay (SPP), you must complete a self-certificate. You will get the same rate of pay as your wife or partner. If you are earning below the lower earnings limit for National Insurance, you can’t qualify for SPP, however, you are likely to be entitled to other benefits.

Adoptive parents are also entitled parental leave, with similar qualifying conditions to natural mothers and fathers.

Going back to work
Both parents have a right to have their positions held open for them, and to come back to the same terms and conditions of employment. It is illegal for your employer to change these terms by reducing for example your salary or other entitlements. Also, you cannot be sacked or find your position has been made redundant when you return to work. If any of your rights has been breached, you will have a strong case to take before an employment tribunal.