Maternity Pay for Part-Time Workers: Your Rights & Entitlement

Maternity Pay for Part-Time Workers

If you work part-time, you have exactly the same right to maternity leave and pay as full-time employees. There's no minimum number of hours you need to work to qualify for maternity leave — the only earnings test is for Statutory Maternity Pay, which requires average weekly earnings of at least £129.

Do Part-Time Workers Qualify for SMP?

The key question is whether your average weekly earnings meet the Lower Earnings Limit of £129 per week. This is based on your actual pay, not your hourly rate multiplied by contracted hours.

Examples

•20 hours/week at £12.71/hour: £254.20/week — qualifies

•16 hours/week at £12.71/hour: £203.36/week — qualifies

•12 hours/week at £12.71/hour: £152.52/week — qualifies

•10 hours/week at £12.71/hour: £127.10/week — does not qualify

If you work variable hours, your average is calculated over the 8-week reference period. If you had a good run of hours in that period, you may still qualify even if some weeks are lower.

If your earnings are below £129/week, check your eligibility for Maternity Allowance — the threshold is only £30/week.

How SMP Is Calculated for Part-Timers

SMP is calculated the same way regardless of hours. Your Average Weekly Earnings (AWE) determine your pay:

•Weeks 1-6: 90% of your AWE

•Weeks 7-39: £194.32/week, or 90% of AWE if less

For part-time workers earning less than approximately £216/week, the 90% rate applies for the entire 39 weeks because 90% of their earnings is less than the £194.32 flat rate.

Example: 20 hours at £12.71/hour

•AWE: £254.20

•Weeks 1-6: 90% × £254.20 = £228.78/week

•Weeks 7-39: £194.32/week (since 90% of AWE = £228.78, which exceeds the flat rate)

•Total SMP: (6 × £228.78) + (33 × £194.32) = £7,785.24

Example: 15 hours at £12.71/hour

•AWE: £190.65

•Weeks 1-39: 90% × £190.65 = £171.59/week for all 39 weeks (below flat rate)

•Total SMP: 39 × £171.59 = £6,691.82

Use our Maternity Pay Calculator to work out your exact figure.

Equal Treatment Rights

As a part-time worker, you have the same rights as full-time colleagues:

•52 weeks of maternity leave — not pro-rated

•SMP for 39 weeks — based on your actual earnings

•Protection from dismissal — during pregnancy and maternity leave

•Paid antenatal appointments — at your normal rate

•Annual leave accrual — pro-rated to your hours, but continues during maternity leave

•Right to return to the same job — on the same terms

Under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, your employer cannot treat you less favourably than a comparable full-time worker because of your part-time status.

Enhanced Maternity Pay for Part-Timers

If your employer offers enhanced maternity pay (above SMP), this should also apply to part-time workers on a pro-rata basis. For example, if full-time staff receive 12 weeks at full pay, you should receive 12 weeks at your full part-time pay. The same principle applies to public sector employers — NHS staff and teachers on part-time contracts receive the enhanced scheme based on their part-time salary.

If your employer's enhanced scheme only applies to full-time workers, or if part-time staff receive a less generous package, this could constitute indirect discrimination under the Part-Time Workers Regulations. Raise any concerns with your employer, your trade union, or contact ACAS on 0300 123 1100 for advice. You have the right to be treated no less favourably than a comparable full-time colleague.

Zero-Hours Contract Workers

If you're on a zero-hours contract, your maternity pay depends on your average weekly earnings over the 8-week reference period. This can make qualifying for SMP unpredictable, as your hours and pay may fluctuate from week to week. If your average weekly earnings are at least £129, you qualify for SMP — even on a zero-hours contract.

Tips for zero-hours workers approaching maternity:

•Try to maintain regular hours during the 8-week reference period (roughly weeks 17-25 of pregnancy) to keep your AWE above £129

•If your AWE falls below £129, you may still qualify for Maternity Allowance, which has a much lower threshold of just £30/week

•Keep detailed records of all hours worked and pay received

•Read our dedicated guide on maternity pay for agency and zero-hours workers for a full breakdown of your rights and options

Multiple Jobs and Maternity Pay

If you work part-time for more than one employer, you may qualify for SMP from each employer if you meet the eligibility criteria with each one. Your earnings from different jobs are not combined — each employer assesses your eligibility separately.

If you don't qualify for SMP from any individual employer, you can combine your earnings across jobs when applying for Maternity Allowance.

Returning Part-Time After Maternity Leave

Many full-time workers consider switching to part-time hours after maternity leave. You have the statutory right to request flexible working, and your employer must consider your request. Read our guide on returning to work after maternity leave for detailed advice.

Financial Support for Part-Time Workers

Part-time workers may be particularly affected by the income drop during maternity leave. Make sure you:

•Claim Child Benefit — it's not affected by your working hours

•Check Universal Credit entitlement — your reduced income may make you eligible

•See your take-home pay after tax

•Read our financial planning guide