Premature Baby: Your Maternity Leave & Pay Rights If Your Baby Arrives Early

Maternity Leave When Your Baby Is Born Prematurely

If your baby arrives earlier than expected, your maternity rights still protect you — and in many ways, the law provides additional support. This guide covers everything you need to know about your leave, pay, and rights when your baby is born prematurely.

Automatic Maternity Leave Trigger

If your baby is born before your planned maternity leave start date, your maternity leave starts automatically on the day after the birth. This applies regardless of how early the baby arrives.

Key Rules:

•Maternity leave starts the day after the birth, not the day of birth

•This applies even if you're still several weeks before your planned start date

•You must notify your employer as soon as is reasonably practicable

•Your 52-week leave entitlement starts from this date

SMP Start Date

Your SMP also starts from the day after the birth. The full 39 weeks of SMP runs from this date, giving you the same total amount of pay regardless of when your baby arrives.

The Problem: NICU Time

The biggest challenge for parents of premature babies has historically been that maternity leave "ticks away" while the baby is in hospital. A baby born at 28 weeks might spend 8-12 weeks in the neonatal intensive care unit (NICU). During this time, the mother is on maternity leave but her baby isn't home.

This means:

•Weeks of paid maternity leave are used up before the baby comes home

•Parents have less time at home with their baby once discharged

•The financial and emotional pressure can be enormous

Neonatal Care Leave: The New Solution (April 2025)

From 6 April 2025, the new Neonatal Care Leave and Pay right gives parents up to 12 additional weeks of leave when their baby needs neonatal care.

This is on top of maternity leave, meaning:

•A mother of a premature baby can take up to 64 weeks total leave (52 maternity + 12 neonatal)

•Up to 12 extra weeks of pay at £194.32/week (if eligible for statutory pay)

•Both parents can take neonatal care leave

Example

Baby born at 30 weeks, spending 10 weeks in NICU:

•Before April 2025: Maternity leave uses up 10 weeks while baby is in hospital → only 42 weeks left at home

•After April 2025: Mother takes 52 weeks maternity leave + 10 weeks neonatal care leave = 62 weeks total, with 52 weeks at home with baby

SMP Eligibility When Baby Arrives Early

A premature birth can affect SMP eligibility in specific ways:

The Qualifying Week

To qualify for SMP, you must have been employed for at least 26 weeks by the 15th week before your due date (the qualifying week). If your baby arrives before the qualifying week:

•You may still qualify if you've met the 26-week employment requirement by the actual week of birth

•If you haven't met the requirement, your employer should issue an SMP1 form and you can apply for Maternity Allowance instead

Average Weekly Earnings

Your AWE is calculated based on earnings in the 8-week period before the qualifying week. If your baby arrives before this calculation can be completed:

•HMRC uses the earnings information available up to the date of birth

•If you were on sick leave before the birth, this may affect your AWE

Sick Leave Before a Premature Birth

If you were on pregnancy-related sick leave before your baby was born early:

•If the sick leave started in the 4 weeks before your due date, maternity leave would have been triggered automatically anyway

•If the sick leave was more than 4 weeks before your due date, you would have been on normal sick leave/pay until the birth

Either way, once the baby is born, maternity leave starts the next day.

Practical Steps When Your Baby Arrives Early

Immediately

1.Focus on your baby — your employer can wait

2.Notify your employer as soon as is reasonably practicable (a partner or family member can do this for you)

3.Your employer should start SMP automatically

Within the First Few Weeks

4.Confirm your maternity leave dates with your employer in writing

5.Claim neonatal care leave from your employer if your baby is in NICU

6.Apply for Child Benefit — you can claim from the date of birth

7.Contact Bliss (the premature baby charity) at 0808 801 0322 for support

Before Leaving Hospital

8.Get your MATB1 if you haven't already (the hospital can issue one)

9.Register the birth — you have 42 days (in England and Wales)

10.Check your SMP is being paid correctly through your payslip

Financial Support for Families of Premature Babies

In addition to maternity pay and neonatal care pay:

•Child Benefit — claim from birth, not from the due date

•Sure Start Maternity Grant — £500 if on qualifying benefits

•Healthy Start vouchers — if eligible

•Hospital travel costs — if on a low income, you may be able to claim back travel costs to visit your baby in NICU

•Bliss grants — the charity offers small grants to families in financial hardship

Your Employment Rights

Remember, regardless of your baby's prematurity:

•You cannot be dismissed for pregnancy or maternity reasons

•You accrue annual leave throughout your maternity leave (including any neonatal care leave)

•Your employer must keep your job open (or offer a suitable alternative)

•You're protected from detriment for taking maternity or neonatal care leave

Related Guides

•Neonatal Care Leave and Pay — your new 2025 rights explained

•Maternity Leave Rights — full leave entitlements

•Maternity Pay Calculator — calculate your SMP week by week