Maternity, Paternity, and Shared Parental Leave for Nannies

When you employ a nanny, they are your employee and have full statutory rights to parental leave. This includes Statutory Maternity, Paternity, and Shared Parental Leave. As their employer, you are responsible for managing their leave and paying their statutory pay, which you can then reclaim from HMRC.

It’s a situation that many nanny employers will face: the nanny who has become a part of your family is starting a family of their own.

It's a wonderful time, but it also comes with a new set of legal responsibilities for you as their employer. Your nanny is your employee, and they are entitled to the same parental leave rights as any other employee in the UK.

Understanding your obligations is key. Here’s a clear guide to what you need to know.

1. Statutory Maternity Leave & Pay

What is it?

All pregnant employees are entitled to 52 weeks (1 year) of Statutory Maternity Leave, regardless of how long they've worked for you.

• Ordinary Maternity Leave: The first 26 weeks.
• Additional Maternity Leave: The last 26 weeks.

Your nanny does not have to take the full 52 weeks, but they must take at least 2 weeks of "compulsory leave" after the baby is born.

Who is eligible for Statutory Maternity Pay (SMP)?

While all nannies get the leave, they must meet specific criteria to get paid (SMP):

1. Length of Service: They must have worked for you continuously for at least 26 weeks by the end of the "qualifying week" (the 15th week before the baby is due).
2. Earnings: They must earn, on average, at least £125 per week (for 2025/26).

If they don't meet these criteria, you should give them form SMP1 so they can apply for Maternity Allowance from the government.

What do I have to pay?

Statutory Maternity Pay is paid for up to 39 weeks. The rate (for 2025/26) is:

• First 6 weeks: 90% of their average weekly earnings.
• Remaining 33 weeks: £187.18 per week or 90% of their average weekly earnings (whichever is lower).

What does my nanny need to do?

Your nanny must tell you:

1. That they are pregnant.
2. Their baby's due date.
3. The date they want to start their maternity leave.

They must give you this notice at least 15 weeks before their due date.

2. Statutory Paternity Leave & Pay

What is it?

This is leave for the father or the mother's partner (including same-sex partners). Eligible nannies can take:

• One week
• Two weeks

As of 2024, this leave has become more flexible. It can now be taken as two separate one-week blocks at any point in the first 52 weeks after the child's birth.

Who is eligible for Statutory Paternity Pay (SPP)?

To be eligible for leave and pay, your nanny must:

1. Length of Service: Have worked for you continuously for at least 26 weeks by the end of the 15th week before the baby is due.
2. Earnings: Earn, on average, at least £125 per week (for 2025/26).

What do I have to pay?

The Statutory Paternity Pay rate (for 2025/26) is £187.18 per week or 90% of their average weekly earnings (whichever is lower).

What does my nanny need to do?

They must give you 28 days' notice before each period of leave they want to take.

3. Shared Parental Leave & Pay (SPL & ShPP)

What is it?

This is the most flexible (and most complex) option. Shared Parental Leave allows the mother to "curtail" (end) her maternity leave early to create a "pot" of leave and pay that can be shared between both parents.

• Shared Leave Pot: Up to 50 weeks of leave can be shared (52 weeks minus the 2 weeks of compulsory maternity leave).
• Shared Pay Pot: Up to 37 weeks of pay can be shared (39 weeks of SMP minus the 2 weeks' compulsory leave).

Parents can take this leave in blocks, and they can even be off work at the same time.

Who is eligible?

Eligibility for SPL is complicated. In short:

1. The mother must be entitled to maternity leave/pay and must give notice to end it.
2. The parent taking SPL (e.g., your nanny) must be an employee with 26 weeks of service.
3. Their partner must meet an "employment and earnings test" (meaning they have worked for 26 of the last 66 weeks).

What do I have to pay?

Statutory Shared Parental Pay (ShPP) is paid from the 37-week shared pot. The rate (for 2025/26) is £187.18 per week or 90% of their average weekly earnings (whichever is lower).

Your Responsibilities as an Employer

This is the most important part. When your nanny takes parental leave, you are still their employer.

1. You Pay, You Reclaim: You are responsible for paying your nanny their SMP, SPP, or ShPP. You pay this through your normal payroll. You can then reclaim this money from HMRC. Most employers can reclaim 92%, and small employers (if your annual NI bill is £45,000 or less) can reclaim 103%.
2. Employee Rights Continue: While on leave, your nanny's employment rights are protected. This includes their holiday entitlement, which continues to accrue as normal.
3. Keeping in Touch: You and your nanny can agree to "Keeping in Touch" (KIT) days. Your nanny can work up to 10 KIT days during their maternity leave without it ending. You must pay them for these days.
4. The Return to Work: Your nanny has the right to return to their original job after Ordinary Maternity Leave (the first 26 weeks).

This seems complicated. How do I manage it?

It is a lot of admin. You have to handle the complex calculations, manage the pay, and handle the reclaim from HMRC, all while finding temporary cover.

This is exactly what payroll services are for.

Our payroll service takes care of everything for you: We'll calculate your nanny's exact statutory pay, process it on their payslip, and (most importantly) manage the full reclaim from HMRC on your behalf, ensuring you get all the money you're owed.

Fully digital, no paperwork, no stress.