Is Statutory Maternity Pay paid after a stillbirth?

Full answer

UK statutory pay rules recognise that a late pregnancy loss should not remove an employee's maternity entitlements, and the rules are designed to provide continued support during an extremely difficult time. **The 24-week threshold** If a stillbirth occurs from the start of the 25th week of pregnancy onwards (that is, from 24 weeks and 0 days of gestation), the employee is entitled to the same Statutory Maternity Pay (SMP) and statutory maternity leave as if the baby had been born alive and survived. This means up to 39 weeks of paid maternity leave (90% of average weekly earnings for the first six weeks, then the lower of £194.32 per week or 90% of average earnings for the remaining weeks in 2026/27) and up to 52 weeks of leave in total. **Losses before 24 weeks** If the pregnancy loss occurs before the start of the 25th week, statutory maternity leave and pay do not generally apply, though the employee may be entitled to sick leave and Statutory Sick Pay if they are unable to work, and to compassionate or bereavement leave depending on their employer's policies. **Partner's entitlement** The partner may still be entitled to Statutory Paternity Pay, Shared Parental Pay, or Parental Bereavement Leave and Pay, depending on the circumstances and how far into the pregnancy the loss occurred -- Statutory Parental Bereavement Pay is a separate entitlement that can also apply following the death of a child, including in certain stillbirth circumstances. **Notifying the employer** Employees do not lose their right to maternity leave and pay by not immediately confirming a live birth -- employers should treat notifications sensitively and are not permitted to withdraw SMP entitlement because of a stillbirth after the 24-week threshold. **Worked example** An employee experiences a stillbirth at 30 weeks of pregnancy. She remains entitled to her full 39 weeks of SMP and up to 52 weeks of maternity leave, exactly as she would have been had the baby survived. **Practical tip** Speak to your employer's HR team or ACAS for guidance, and consider organisations such as Sands (Stillbirth and Neonatal Death Charity) for both emotional support and practical advice on workplace entitlements.

Try the calculator