Maternity & Paternity Pay
Maternity and Paternity Pay: A Guide for Temporary Workers
Starting (or growing) a family is an exciting time. If you work through an agency, it’s normal to have questions about maternity pay, paternity pay, parental leave, and what happens if your assignment ends.
This guide explains the key facts about maternity pay, paternity pay and parental leave for agency workers in the UK, based on official guidance from GOV.UK and ACAS, so you can understand your rights and plan with confidence.
Key Takeaways
As an agency worker, your entitlements depend on whether you are classed as an employee or a worker, and whether you meet the government’s qualifying rules.
You may be entitled to:
- Statutory Maternity Pay (SMP) from your employer (often the agency)
- Maternity Allowance from the government if you do not qualify for SMP
- Statutory Paternity Pay (SPP) if you meet the eligibility rules
- Time off by agreement, even where statutory leave does not apply, depending on your contract and working arrangements
Maternity Pay
- Statutory Maternity Pay (SMP): If you meet the eligibility rules, you may qualify for SMP, which is paid by your employer (usually the agency) for up to 39 weeks. If you qualify, you should still receive SMP even if your assignment ends, as long as you meet the qualifying criteria. This is an important protection for agency workers whose placements may change during pregnancy.
- Maternity Allowance: If you do not qualify for Statutory Maternity Pay, you may be able to claim Maternity Allowance from the government instead. It is aimed at people who are employed but not eligible for SMP, self-employed, or have recently stopped working, and eligibility depends on your work and earnings during a qualifying period before your baby is due (see GOV.UK for full criteria).
- Antenatal appointments and protections: Even if you are not entitled to statutory maternity leave, agency workers still have pregnancy and maternity-related protections. These include rights linked to health and safety and protection from unfair treatment because of pregnancy. Both GOV.UK and ACAS both recommend discussing arrangements early to help you plan and ensure you receive the right support.
Paternity Pay and Leave
Statutory Paternity Leave and Pay
Paternity leave and pay can work differently for agency workers because eligibility depends on whether you are classed as an employee and whether you meet the statutory rules.
If you are eligible, Statutory Paternity Pay (SPP) is paid for one or two weeks, subject to earnings and qualifying service requirements.
Entitlement to Statutory Paternity Leave is different to Statutory Paternity Pay. ACAS explains that if you are not entitled to statutory paternity leave, you can still request time off and agree arrangements with your agency or the hirer via annual leave, unpaid leave or special leave agreed with the agency or hirer.
Speaking with your branch early can help you plan around assignments and availability.
Shared Parental Leave (SPL)
Shared Parental Leave (SPL) can allow eligible parents to share leave after the birth or adoption, but eligibility depends on employment status and qualifying rules.
Because Shared Parental Leave can be more complex, GOV.UK guidance is the best place to check whether you qualify and how it works in practice.
Looking Ahead: Changes Coming from April 2026
The government has announced several planned changes to family-related leave, expected to come into force from April 2026.
✅ Paternity Leave becomes a “day one right”
From April 2026, eligible workers will be able to give notice of paternity leave from the first day of employment. Currently, employees must have worked for their employer for 26 weeks to qualify.
✅ Unpaid Parental Leave becomes a “day one right”
Unpaid Parental Leave is also expected to become a day one right. At present, eligible workers must have worked for their employer for one year.
✅ More Flexibility Around Shared Parental Leave
The restriction preventing paternity leave from being taken after Shared Parental Leave is expected to be removed, giving families greater flexibility.
Important: These changes relate to the right to take leave. Eligibility for statutory pay, such as Statutory Paternity Pay, will still depend on earnings and qualifying rules.
Checking Your Eligibility
To avoid confusion when planning maternity, paternity and parental leave, the best thing you can do is use official guidance and check your eligibility early:
- Agency workers maternity rights GOV.UK
- Statutory Maternity Pay eligibility GOV.UK
- Maternity Allowance eligibility GOV.UK
- Paternity leave and pay guidance Acas
Maternity and paternity pay can feel complicated at first. The most important step is understanding whether your entitlement comes through your employer (for statutory pay) or through government support such as Maternity Allowance and checking the rules early using GOV.UK and ACAS guidance.
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All information in this article is based on guidance from GOV.UK and ACAS.
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