Contents:
- What is statutory maternity pay?
- How does statutory maternity pay work for employers?
- What is statutory paternity pay?
- How does statutory paternity pay work for employers?
- What is shared parental leave, and how does it work?
- How do other family leave payments affect payroll responsibilities?
- Simplifying SMP and SPP with payroll software
- Statutory maternity and paternity pay FAQ
- Manage statutory maternity and paternity pay with PeopleHR
What is statutory maternity pay?
Statutory maternity pay (SMP) is a legal payment made by employers to eligible employees during maternity leave. It provides financial support for employees after having a baby or becoming a parent through surrogacy, where the qualifying requirements are met.
SMP is paid for up to 39 weeks and is separate from statutory maternity leave, which can last up to 52 weeks. Employers are responsible for checking eligibility, calculating payments correctly, and processing SMP through payroll.
How does statutory maternity pay work for employers?
For employers, managing SMP involves more than simply making payments. Let’s look at the main areas that employers need to consider when managing maternity pay.
Statutory maternity pay eligibility
To qualify for SMP, an employee must meet certain conditions, including having worked for their employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth and earning at least the Lower Earnings Limit for National Insurance, averaged over the relevant eight-week period. These rules apply to both full-time and part-time employees.
It’s worth noting that employees have day-one rights to maternity leave, meaning they don’t need a minimum length of service to be able to take leave. Employees using a surrogate may also be eligible for maternity leave and pay if they meet the relevant requirements.
Statutory maternity pay rates
SMP is paid at different rates depending on the stage of maternity leave. Employees receive 90% of their average weekly earnings for the first six weeks, with no upper limit. For the remaining 33 weeks, they receive the lower of 90% of average weekly earnings or the statutory weekly rate, which is currently £194.32 (2026/27), up from £187.18 in 2025/26. Rates are reviewed each April in line with CPI inflation, so employers should check the current figure at the start of each tax year and update payroll accordingly. If you pay enhanced maternity pay above the statutory minimum, you can still reclaim the statutory element from HMRC.
Some employers choose to offer enhanced maternity pay above the statutory minimum as part of their wider employee benefits package. Enhanced rates can help to attract and retain employees while providing additional support during parental leave.
Supporting employees who don’t qualify for SMP
Not every employee will meet the eligibility criteria for SMP. For example, they may not have worked for the employer long enough, or may earn below the Lower Earnings Limit for National Insurance. Someone who doesn’t qualify may still be able to receive Maternity Allowance, which is a payment provided by the government rather than their employer.
If an employee isn’t eligible for SMP, employers should explain the outcome clearly and provide information on alternative support where appropriate. Take a look at this guidance from the government for more detailed information about how these payments work.
Time off for pregnancy-related appointments
Employees are entitled to reasonable paid time off for antenatal appointments during pregnancy. Employers should ensure that they understand which appointments qualify and keep appropriate records while maintaining employee confidentiality.
Tracking pregnancy-related leave accurately helps to manage payroll and absence records while supporting employees throughout their pregnancy.
How to calculate statutory maternity pay
Calculating SMP involves working out an employee’s average weekly earnings during the relevant eight-week earnings period, and applying the correct statutory rates. Average weekly earnings should include qualifying payments such as wages, overtime, commission and some bonuses where applicable. Employers need to use accurate payroll information to make sure net pay is correct before calculating SMP so employees receive accurate pay throughout their leave.
What is statutory paternity pay?
Statutory paternity pay is a payment made by employers to eligible employees taking statutory leave when their partner has given birth. It helps to provide financial support for employees who are welcoming a new child and taking time away from work.
SPP is separate from paternity leave, which eligible employees can take to care for their child or support their partner after birth, adoption or surrogacy. Employers must check eligibility, process payments correctly, and keep appropriate payroll records.
How does statutory paternity pay work for employers?
Managing paternity pay requires an understanding of eligibility rules and payment calculations. Let’s explore these in more detail.
Statutory paternity pay eligibility
Employees must meet certain conditions to qualify for SPP, including 26 weeks’ continuous employment by the relevant qualifying week, earning at least the Lower Earnings Limit for National Insurance, and having responsibility for the child’s upbringing. Employees must also provide the correct notice within the required timeframe.
Employees who don’t qualify for statutory pay may still be entitled to statutory paternity leave. You must explain why they aren’t eligible and provide form SPP1 within 28 days.
Statutory paternity pay rates
SPP is paid at the lower of the statutory weekly rate or 90% of the employee's average weekly earnings, for a maximum of two weeks. The statutory weekly rate is currently £194.32 (2026/27), up from £187.18 in 2025/26. Rates are reviewed each April in line with CPI inflation, so employers should check the current figure at the start of each tax year and update payroll accordingly.
Some businesses offer enhanced paternity pay as part of their benefits package. These enhanced benefits may be extremely valuable for employees, making them an important factor when choosing or staying with an employer.
Supporting partners at antenatal appointments
Employees who are partners of someone who is pregnant have the right to take unpaid time off to attend up to two antenatal appointments. Employers may also choose to offer additional paid time off for appointments as part of their own policies. Where employees need more time away from work, they may use other options such as annual leave to attend further appointments.
How to calculate statutory paternity pay
Calculating SPP is usually more straightforward than calculating SMP because it’s based on a shorter leave period. Employers need to confirm the employee’s average earnings and apply the correct statutory rate.
You should also consider whether shared parental leave may affect future payments, as employees can choose different ways to divide leave and pay between parents. We’ll explore this more in the next section.
What is shared parental leave, and how does it work?
Shared parental leave allows eligible parents to split time off work after the birth, adoption or placement of a child. While it gives families more flexibility over how they divide leave, it means that employers have to manage more varied leave patterns.
Shared parental leave eligibility
To qualify for shared parental leave, parents must meet specific employment and earnings criteria. The parent taking leave must also share responsibility for the child and provide the required notices to their employer. Check eligibility carefully and keep records of any decisions to ensure that leave and pay arrangements are managed correctly.
Splitting leave between parents
Eligible parents can share up to 50 weeks of leave and up to 37 weeks of statutory pay between them. They can choose to take leave separately or at the same time, depending on what works best for their family circumstances. This means that employers may need to manage changing leave schedules and update payroll records accordingly.
Managing shared parental pay
Shared parental pay is paid at the statutory rate and needs to be processed accurately through payroll. Employers should ensure that they understand how to calculate statutory maternity pay, as the original maternity entitlement affects shared parental pay. Clear communication between employees, HR and payroll teams helps prevent errors when leave arrangements change.
How do other family leave payments affect payroll responsibilities?
Employers may need to manage several different types of family-related leave and payments alongside SMP and SPP. Each has different eligibility requirements, payment rules and record-keeping responsibilities. Let’s take a look.
Unpaid parental leave
Unpaid parental leave allows eligible employees to take time away from work to care for their child. The entitlement is set out under the Employment Rights Act, and employers should record any unpaid leave accurately. Although no statutory payment is made, payroll teams still need to ensure that absence records, pay calculations and employee records are updated correctly.
Neonatal care pay
Neonatal care pay provides support for eligible parents whose baby requires specialist hospital treatment after birth. Employers will need to understand the rules around eligibility, leave periods and payroll processing. Accurate records are particularly important where employees’ leave arrangements change due to ongoing medical care.
Adoption leave
Eligible employees who adopt a child may be entitled to leave and statutory adoption pay. The rules are similar in principle to maternity leave and pay, with employers needing to check eligibility and process payments correctly.
Parental bereavement leave
Parental bereavement leave gives eligible employees time away from work following the loss of a child. Employers should approach these situations sensitively while ensuring that payments and records are handled correctly. Some businesses may offer additional compassionate leave alongside statutory entitlements to provide further support.
Simplifying SMP and SPP with payroll software
Managing different types of statutory pay can create admin challenges for employers. Let’s look at how payroll tools can help you to meet your SMP employer obligations.
Improving accuracy of statutory pay calculations
Accurate calculations are essential when processing statutory payments. Payroll software makes it easier to calculate statutory maternity pay by applying the correct rates and using up-to-date payroll information. An SMP calculator can help check payment amounts, while modern AI tools in payroll software can support automation and reduce the risk of manual errors.
Reducing admin time when managing statutory payments
Managing multiple leave types manually can take significant time, particularly for growing businesses. Payroll automation streamlines repetitive tasks such as calculations, payment processing and record updates. This allows HR and payroll teams to focus on supporting employees while maintaining accurate processes.
Supporting employer obligations with built-in compliance tools
Payroll systems help employers to meet their responsibilities by supporting accurate calculations, record keeping and reporting. Strong payroll compliance processes reduce the risk of incorrect payments or missing information, making it easier to manage changing regulations.
Maintaining accurate payroll records and payslips
Clear payroll records are essential when managing SMP, SPP and other statutory payments. Payroll software can help you to maintain reliable records, making it easier to track payments and answer employee queries. Make sure payslips accurately reflect payments made and provide employees with clear information about their earnings.
Preparing reports for HMRC claims
Employers may be able to reclaim some statutory payments from HMRC, and payroll systems can increase accuracy here by preparing the information needed to submit FPS and EPS reports. Maintaining accurate records throughout the payment process supports claims and demonstrates compliance.
Statutory maternity and paternity pay FAQ
Who is eligible for statutory maternity pay?
Employees are eligible for statutory maternity pay if they meet requirements relating to earnings, length of service and notice periods. Employees who don’t qualify may be able to claim Maternity Allowance instead.
Who is eligible for statutory paternity pay?
Employees must meet specific conditions to receive statutory paternity pay eligibility, including earnings and employment requirements. Those who don’t qualify for statutory pay may still have a right to statutory paternity leave.
Can temporary or agency workers receive statutory maternity or paternity pay?
Temporary and agency workers may have different eligibility circumstances depending on their employment arrangements. Employers should check each worker’s situation carefully before confirming entitlement to statutory payments.
What are an employer’s responsibilities when paying SMP?
SMP employer obligations include checking eligibility, calculating payments correctly, maintaining records, and providing accurate payslips. Employers must also ensure that statutory payments are processed correctly through payroll.
Can an employer reclaim statutory maternity or paternity pay?
Yes. Employers can usually reclaim some statutory maternity and paternity payments from HMRC. The amount that can be recovered depends on the employer’s circumstances and the accuracy of their payroll reporting.
Manage statutory maternity and paternity pay with PeopleHR
Managing family leave payments requires employers to balance accuracy, compliance and employee support. Understanding statutory maternity pay, statutory paternity pay and related responsibilities helps to create reliable processes and avoid payroll errors during this important, high-stress period.
PeopleHR’s payroll software can support employers with flexible payroll solutions that manage calculations, records, reporting and statutory payment processes in one place. By reducing manual administration, payroll teams can spend less time managing processes, and more time supporting employees.
Watch a 4 min demo to see for yourself how PeopleHR can simplify statutory pay management, or get in touch with our team for more information.
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