Sponsored workers are entitled to the same statutory maternity leave rights as other UK employees. That means:

Up to 52 weeks of statutory maternity leave:
- 26 weeks of Ordinary Maternity Leave (OML)
- 26 weeks of Additional Maternity Leave (AML)

They may be eligible for Statutory Maternity Pay (SMP) for up to 39 weeks, depending on their circumstances.

❌ Why might someone not qualify for SMP?

To get SMP, the employee must:

Have been employed by the same employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth, and
Earn at least £123/week (2024–25 threshold) on average.

If they don't meet these criteria, they won't qualify for SMP.

✅ Is Maternity Leave a Permissible Absence?

Yes. Maternity leave is an explicitly permissible reason for a sponsored worker to be absent from work - even if they are on reduced pay or no pay.

🚫 Do You Have to Stop Sponsoring the Worker?

No. You may continue to sponsor the worker throughout their maternity leave, regardless of:

How long the leave lasts
Whether they're receiving full pay, Statutory Maternity Pay (SMP), or no pay at all

📝 What Must Be Reported to UKVI?

You must submit a Change of Circumstance so that our immigration team can notify the Home Office of the maternity leave. See the guide on how to report a change of circumstance here. Please submit this:

Within 10 working days of the start of leave, or
As soon as the start and return dates are confirmed
Include as much context in the request as possible

💷 Can You Reduce Salary During Maternity Leave?

Yes. You can lawfully reduce pay to SMP or even nil, and this will not breach Skilled Worker salary rules.

❓ Does Reduced Pay Affect the Minimum Salary Requirement?

No. During maternity leave, the Home Office will disregard any temporary reduction in pay. The worker is still treated as meeting the salary threshold.

🔁 Returning on Reduced Hours

If a worker comes back from maternity leave on reduced contracted hours (for example dropping from 48 to 30 hours, or restricting shift patterns), this is a change of circumstance and must be reported within 10 working days of the change taking effect.

Reduced hours must still produce a salary that meets both:

The minimum hourly rate for the SOC code (£12.82 for 6135/6136), and
The £25,000 annual minimum on a pro-rated basis

If reduced hours mean the worker would fall below either threshold, sponsorship cannot continue at those hours and the situation requires further review with Borderless before the change takes effect.

🗂 Record-Keeping Requirements

To stay compliant, retain:

A copy of the MATB1 form or other maternity notification
Payroll records showing SMP or nil pay
SMS submission receipt confirming you reported the leave

These may be requested during a UKVI audit.

🔄 When the Employee Returns to Work

Update payroll to reflect their normal salary.
If the actual return date is different from what was reported, report a change of circumstance on the Borderless portal.
If the worker is returning on different hours or shift patterns from before maternity leave, see the "Returning on Reduced Hours" section above.

📌 Summary Checklist

Action	Required?	Deadline
Report maternity leave via SMS	✅	Within 10 working days
Stop sponsorship during leave	❌	Not required
Reduce salary to SMP or nil	✅	Allowed
Meet salary threshold during leave	✅	Automatically maintained
Keep MATB1/payroll/SMS evidence	✅	For audit
Report updated return date	✅	If changed
Report reduced hours on return	✅	Within 10 working days