Apprentice Maternity Leave: What Are Employers Required to Provide?

When an apprentice tells you they are pregnant, it is natural to have questions. What are you required to do? What happens to their training? Do you have to keep paying them? 

The good news is that the rules are clear. And once you understand them, managing the situation becomes much more straightforward than it might first appear. 

This guide walks you through everything you need to know as an employer when recruiting and managing an apprentice that gets pregnant, from maternity leave entitlements to pay, funding pauses, and the practical steps you should take. 

Apprentices and their rights as employees

Apprentices are employees. That is the starting point for everything else in this guide. 

An apprentice is not a student on a work placement or an informal trainee. They have a contract of employment, which means they have the same rights as any other member of your team. That includes maternity rights. 

You cannot treat an apprentice differently from a permanent employee when it comes to maternity leave and pays. Doing so could expose your business to a claim of pregnancy or maternity discrimination, which is a day-one right under the Equality Act 2010. 

Do apprentices get maternity leave?

Yes. Apprentices are entitled to the full 52 weeks of Statutory Maternity Leave, made up of 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. 

This applies from day one of employment. There is no minimum length of service needed to qualify. As long as your apprentice is an employee, they have the right to take it. 

They need to give you at least 15 weeks' notice before their expected week of childbirth, along with confirmation that they are pregnant. You cannot refuse maternity leave or ask them to shorten it. 

Do apprentices get maternity pay?

This is where it gets slightly more specific because Statutory Maternity Pay (SMP) has qualifying conditions that maternity leave itself does not. 

To qualify for SMP, your apprentice needs to meet all three of the following: 

1. They have worked for you continuously for at least 26 weeks by the end of the 15th week before their expected week of childbirth. 

2. Their average weekly earnings are at or above the Lower Earnings Limit for National Insurance, currently £123 per week (2024/25). 

3. They are still employed by you during that qualifying week. 

If they meet all three, you pay SMP through your payroll. That is 90% of their average weekly earnings for the first six weeks, then up to 33 weeks at the standard rate of £184.03 per week for 2024/25 (or 90% of their earnings if that is lower). 

The good news for smaller employers is that you can reclaim most of this from HMRC. If your annual National Insurance liability is £45,000 or less, you can reclaim 103% of the SMP you have paid. 

What if they do not qualify for SMP?

If your apprentice does not meet the qualifying criteria, they may be able to claim Maternity Allowance instead. This is paid directly by the government, so it is not something you need to administer. 

What you do need to do is issue an SMP1 form within seven days of making that determination. This allows them to make a claim without delay. 

Not qualifying for SMP does not mean they has no financial support available. Issuing the form promptly is the right thing to do and keeps you on the right side of your obligations. 

What about enhanced maternity pay?

If your business offers enhanced maternity pay to other employees, you must offer the same to your apprentices. Applying different terms to an apprentice would be less favourable treatment on grounds of pregnancy or maternity, which is unlawful. 

If your maternity policy applies to all employees, it applies to apprentices too. It is worth checking this before any issues arise. 

What happens to the apprenticeship during maternity leave?

This is often where employers feel most uncertain, and understandably so. Apprenticeships have structured timelines, planned end dates, and funding arrangements, so a period of absence can feel disruptive. 

Here is what actually happens: 

The programme is paused, not ended 

You cannot terminate an apprentice's programme because they are pregnant or taking leave. Doing so would be automatic unfair dismissal and maternity discrimination. 

The end date moves back 

The apprenticeship is extended to cover the period of absence. If they take six months of leave, the programme ends date shifts by six months. You and your training provider need to update this with the Education and Skills Funding Agency (ESFA). 

Training is on hold

They are not required to attend off-the-job training or college during their leave. If they want to do some voluntary learning, that is their choice, but you cannot ask them to. 

Funding pauses too 

Government funding for the apprenticeship stops during the break and picks back up when they return. 

Let your training provider know as soon as you are aware of the situation

Most providers have a clear process for handling this, and the sooner you flag it, the smoother the process will be. 

Their contract stays in place

While your apprentice is on maternity leave, their employment contract is still active. 

In practice, this means: 

• Annual leave continues to accrue throughout the full 52 weeks. 
• Pension contributions must continue during SMP, based on their normal contractual pay. 
• Their terms and conditions, other than pay, remain unchanged. 
• They have the right to return to the same role, or a suitable alternative if they have taken Additional Maternity Leave. 

Pension contributions and holiday accrual are two of the most common areas where employers slip up. Make sure your payroll process accounts for both throughout the full leave period. 

Can you stay in touch during leave?

Yes, within reason. You are allowed to make reasonable contact during maternity leave to keep them updated on anything relevant to their role or the workplace. 

You can also agree Keeping in Touch (KIT) days. They can work up to 10 KIT days during their leave without losing their SMP entitlement. These must be agreed by both parties. You cannot require them to take these days. 

KIT days can be a practical way to keep things ticking along, catch up on training updates, or ease the transition back into work. 

What if there is a redundancy situation?

If a redundancy situation arises while your apprentice is on maternity leave, they have enhanced protection. They must be offered any suitable alternative vacancy ahead of other employees who are also at risk. 

That protection starts from the point of pregnancy and continues for a period after they returns to work. 

If your business is going through any kind of restructure, take legal advice before making any decisions that could affect a pregnant apprentice or one who is currently on leave. 

Practical steps for employers 

When an apprentice tells you they are pregnant, here is what to do: 

Acknowledge it in writing. Confirm their expected leave start date and set out their rights clearly. 

Complete a pregnancy risk assessment. This is a legal requirement. Check their working environment and make any necessary adjustments. 

• Contact your training provider. Let them know as soon as possible so the programme can be paused and the end date updated. 
• Review your maternity policy. Check that it applies to apprentices and that any enhanced pay is being applied consistently. 
• Update your payroll. Set up SMP if they qualify and make sure holiday accrual and pension contributions are handled correctly. 
• Issue an SMP1 if they do not qualify. Do this within seven days so they can access Maternity Allowance. 
• Plan for their return. Discuss return-to-work arrangements ahead of time, including any phased return and when training will restart. 

Common misconceptions for apprenticeship maternity

• "They are only an apprentice, so it is different." It is not. Apprentices are employees with full statutory rights. 
• "We can end the apprenticeship because they cannot finish it on time." No. The programme must be extended, not terminated. Ending it would be unlawful. 
• "The government funds the apprenticeship, so we do not have to pay them." SMP is your responsibility as the employer. Government funding covers training costs, not employment rights. 
• "They cannot take the full 52 weeks, or they will fall too far behind." There is no legal basis for limiting their leave on those grounds. The full 52 weeks remain available to them. 

When to get professional advice

Every situation is slightly different. Funding rules, contract terms, and individual circumstances all play a part, and getting it right from the start protects both your apprentice and your business. 

If you are unsure about anything, speaking to an employment law specialist or HR adviser is always the right call. 

Your training provider is also a great first point of contact. They deal with maternity breaks regularly and can walk you through the ESFA process without it becoming more complicated than it needs to be. 

How Total People can help

At Total People, we work with employers every day to make apprenticeships straightforward, including when life gets complicated. 

 If one of the apprentices we have helped recruit is pregnant or going on maternity leave, we can guide you through pausing the programme, updating the planned end date, and making sure everything is handled correctly with the Department for Education. 

We take the admin off your plate so you can focus on supporting your apprentice.  

Contact us today to find out more about our programmes and the ongoing support available when you work with us.