In Northern Ireland, an employee can take up to 52 weeks of Statutory Maternity Leave if they give the required employer notice. The leave itself has no minimum-service or earnings test. Statutory Maternity Pay (SMP) is a separate employer payment with a 26-week service test and an earnings threshold. If SMP is refused, a qualifying claimant may instead apply for Maternity Allowance through Northern Ireland’s Department for Communities (DfC) route.
The separate workplace right to attend antenatal care applies before maternity leave begins. See the Northern Ireland antenatal appointments guide for the paid-time-off, pregnancy-notice and appointment-evidence steps.
Leave and pay have different tests
Give two separate notices
NI has its own fallback claim path
Northern Ireland scope and the 52-week leave right
This route is for employees in Northern Ireland. The Great Britain guide covers England, Scotland and Wales; it does not set the Northern Ireland Maternity Allowance claim route. The Great Britain Maternity Leave guide is useful for comparison, while this page follows nidirect and NI payment administration.
An employee who gives birth can take up to 26 weeks of Ordinary Maternity Leave followed by 26 weeks of Additional Maternity Leave. You do not need a minimum period of service, a minimum number of weekly hours or a minimum salary to qualify for Statutory Maternity Leave, but you must give the required notice. A worker who is not legally an employee does not have this employee leave right, though they may have contractual rights or qualify for a separate payment.
You must take at least two weeks of compulsory maternity leave after the birth (four weeks if you work in a factory). The right to leave is not the same as a right to SMP.
Give your employer the leave notice
Tell your employer that you are pregnant, give the expected week of childbirth and state when you want your leave to start. Nidirect says to notify the employer at least 15 weeks before the beginning of the week the baby is due. If it was not reasonably possible to do this—for example, because you did not know you were pregnant—tell the employer as soon as possible.
Your employer may ask for written notice and a MATB1 maternity certificate. You can change your planned start date by giving at least 28 days’ notice of the new date. After you notify the employer, it should confirm your leave dates and expected end date in writing within 28 days.
Statutory Maternity Leave can start from 11 weeks before the beginning of the due week. It starts automatically on the day after the birth if the baby arrives early, or if you are off work with a pregnancy-related illness during the four weeks before the due week. Keep the leave notice separate from the SMP payment notice below, even if you send both to the employer together. For the sickness trigger, employer follow-up and GB/NI payment-route distinction, see the focused pregnancy-related sickness and automatic maternity-leave guide.
Check SMP eligibility separately
For 2026/27, SMP is paid by the employer for up to 39 weeks if both the continuous-employment and earnings rules are met. You generally need to have worked for the same employer for at least 26 weeks into the qualifying week—the 15th week before the week the baby is due—and have at least one day of employment in that week. Your average weekly earnings must be at least the £129 Lower Earnings Limit that applies at the end of the qualifying week.
If eligible, SMP is:
- First six weeks: 90% of average weekly earnings, with no upper cap.
- Next 33 weeks: the lower of £194.32 per week or 90% of average weekly earnings.
SMP is normally paid through employer payroll at the same time as wages, is treated as earnings and can have tax and National Insurance deductions. It can continue to be due after employment ends if you had already qualified under the statutory timing rules. Having a right to maternity leave does not by itself prove SMP entitlement.
Give the separate SMP notice and evidence
Tell your employer at least 28 days before the date you want SMP to start. If that was not possible, give notice as soon as you can. The intended payment date is usually the first day of maternity leave, but it is a separate payment-period choice. SMP can start as early as the 11th week before the due week and no later than the day after the birth; pregnancy-related absence in the four weeks before the due week can bring the payment start forward.
Give the employer medical evidence of the due date, normally the MATB1 certificate. Nidirect says to provide it as soon as possible and no later than three weeks after SMP is due to start. If the baby arrives before the certificate is issued, the employer may need other evidence of the due date and birth. Without the required evidence, the employer cannot pay SMP.
If SMP is refused: Maternity Allowance in Northern Ireland
If the employer decides you do not qualify for SMP, ask for form SMP1, which explains the refusal, and ask the employer to return your MATB1. You may qualify for Maternity Allowance instead. This is a separate benefit claim, not a continuation of employer SMP.
Nidirect says the employed or recently employed route can pay up to 39 weeks, usually at £194.32 per week or 90% of average weekly earnings, whichever is lower. Other routes apply to self-employed claimants and certain people doing unpaid work in a spouse’s or civil partner’s business, with different contribution and amount rules. Check the NI eligibility page before relying on a rate.
You can claim from 26 weeks of pregnancy; payments can start from 11 weeks before the due week. The NI route uses a Maternity Allowance MA1 form and the DfC/Jobs & Benefits process. Nidirect lists original payslips, MATB1 or other due-date evidence and SMP1 when SMP was refused. It reports an average claim decision time of 35 working days; this is an average, not a guarantee. For the NI-specific claim and appeal details, see nidirect Maternity Allowance. The separate UK Maternity Allowance claim guide covers the general eligibility and payment concepts; follow NI instructions for the local form and destination.
A practical leave and payment sequence
- 1Calculate the expected week of childbirth, the 15-week maternity-leave notice point and the 15th-week SMP qualifying week separately.
- 2Tell the employer your intended leave dates by the leave-notice deadline; keep a copy and ask for the written confirmation.
- 3Check the 26-week continuous-employment test and qualifying-period earnings before assuming SMP will be paid.
- 4Give separate notice of the intended SMP start at least 28 days ahead and provide MATB1 within the required evidence window.
- 5If SMP is refused, collect SMP1 and MATB1 and check the NI Maternity Allowance test, MA1 evidence and Jobs & Benefits route promptly.
Returning to work and other family leave
You can return to the same job after Ordinary Maternity Leave. After Additional Maternity Leave, the same job remains the normal return right; if returning to it is not reasonably practicable, the employer must offer suitable alternative work on no less favourable terms. If you want to return before the full 52 weeks, give at least eight weeks’ notice. You do not need to give a return notice if you take all 52 weeks, although telling the employer is helpful.
Other family leave has separate rules. The Northern Ireland Paternity Leave guide explains the partner’s leave and SPP claim; the Northern Ireland Shared Parental Leave and Pay guide covers ending maternity leave to share eligible leave and pay. The UK-wide pay comparison shows current statutory family-payment rates but does not replace the employer notice or NI benefit claim.
Frequently Asked Questions
How much Statutory Maternity Leave can I take in Northern Ireland?
Do I need 26 weeks of service to get maternity leave?
When must I tell my employer?
Can I change my planned leave start date?
When can maternity leave start?
How long do I need to work for the employer to qualify for SMP?
How much is SMP in 2026/27?
When must I notify the employer about SMP?
When should I give the MATB1 certificate?
When can SMP start?
What should I do if my employer says I do not qualify for SMP?
How do I claim Maternity Allowance in Northern Ireland?
Can I get Maternity Allowance if I am self-employed?
How much notice do I give if I want to return early?
Does this guide cover England, Scotland or Wales?
Official sources
- nidirect: Statutory Maternity Leave
- nidirect: SMP eligibility
- nidirect: SMP — how to claim
- nidirect: SMP — how it is worked out
- nidirect: SMP — when payments start
- nidirect: Maternity Allowance
- nidirect: Statutory Maternity Leave — returning to work
- GOV.UK: Rates and thresholds for employers 2026 to 2027