Frequently asked questions
How long does statutory maternity pay last?
SMP is paid for up to 39 weeks. The first 6 weeks are paid at 90% of the employee's average weekly earnings. The remaining 33 weeks are paid at the statutory flat rate of £184.03 per week (or 90% of AWE, whichever is lower) for 2025/26.
How does SMP recovery work?
Employers recover SMP by reducing their PAYE and National Insurance payments to HMRC. Standard employers can reclaim 92% of total SMP paid. Small employers — those with an annual Class 1 NI bill of £45,000 or less — can reclaim 103%, effectively receiving a small compensation payment.
Do you need to pay SMP if the employee doesn't return?
Yes. SMP is a statutory entitlement independent of whether the employee returns to work. It cannot be reclaimed from the employee if they resign during or after maternity leave, except in limited circumstances involving contractual enhanced maternity pay.